United States v. Graves

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-7251
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
ROBERT JAMES GRAVES,
Defendant - Appellant.
No. 04-7602
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
ROBERT JAMES GRAVES,
Defendant - Appellant.
Appeals from the United States District Court for the Western
District of Virginia, at Roanoke. Norman K. Moon, District Judge.
(CA-03-421-7; CR-99-70049)
Submitted: December 20, 2004 Decided: January 10, 2005
Before MICHAEL, TRAXLER, and GREGORY, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Robert James Graves, Appellant Pro Se. Donald Ray Wolthuis, OFFICE
OF THE UNITED STATES ATTORNEY, John Leslie Brownlee, United States
Attorney, Roanoke, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
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PER CURIAM:
Robert James Graves seeks to appeal the district court’s
orders denying relief on his motion filed under 28 U.S.C. § 2255(2000), and his motions filed under Fed. R. Civ. P. 60(b). The
orders are not appealable unless a circuit justice or judge issues
a certificate of appealability. 28 U.S.C. § 2253(c)(1) (2000). A
certificate of appealability will not issue absent “a substantial
showing of the denial of a constitutional right.” 28 U.S.C.
§ 2253(c)(2) (2000). A prisoner satisfies this standard by
demonstrating that reasonable jurists would find that his
constitutional claims are debatable and that any dispositive
procedural rulings by the district court are also debatable or
wrong. See Miller-El v. Cockrell, 537 U.S. 322, 336 (2003);
Slack v. McDaniel, 529 U.S. 473, 484 (2000); Rose v. Lee, 252 F.3d
676, 683 (4th Cir. 2001). We have independently reviewed the
record and conclude that Graves has not made the requisite showing.
Accordingly, we deny a certificate of appealability and dismiss the
appeals. We dispense with oral argument because the facts and
legal contentions are adequately presented in the materials before
the court and argument would not aid the decisional process.
DISMISSED
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