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Dowdy v. U.S.

United States Court of Appeals, Fourth Circuit
Mar 7, 2008
268 F. App'x 233 (4th Cir. 2008)

Opinion

No. 07-7549.

Submitted: February 28, 2008.

Decided: March 7, 2008.

Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Terrence W. Boyle, District Judge. (5:05-cr-00013-BO; 5:06-cv-00422-BO).

Malcolm Dowdy, Appellant Pro Se. Anne Margaret Hayes, Assistant United States Attorney, Raleigh, North Carolina, for Appellee.

Before WILKINSON, NIEMEYER, and MICHAEL, Circuit Judges.

Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.


Malcolm Dowdy seeks to appeal the district court's order denying relief on his 28 U.S.C. § 2255 (2000) motion. The order is 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 any assessment of the constitutional claims by the district court is debatable or wrong and that any dispositive procedural ruling by the district court is likewise debatable. Miller-El v. Cockrell, 537 U.S. 322, 336-38, 123 S.Ct. 1029, 154 L.Ed.2d 931 (2003); Slack v. McDaniel, 529 U.S. 473, 484, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000); Rose v. Lee, 252 F.3d 676, 683-S4 (4th Cir. 2001). We have independently reviewed the record and conclude that Dowdy has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the appeal. 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.


Summaries of

Dowdy v. U.S.

United States Court of Appeals, Fourth Circuit
Mar 7, 2008
268 F. App'x 233 (4th Cir. 2008)
Case details for

Dowdy v. U.S.

Case Details

Full title:Malcolm DOWDY, Plaintiff-Appellant, v. UNITED STATES of America…

Court:United States Court of Appeals, Fourth Circuit

Date published: Mar 7, 2008

Citations

268 F. App'x 233 (4th Cir. 2008)