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U.S. v. King

United States Court of Appeals, Fourth Circuit
Dec 20, 2007
258 F. App'x 553 (4th Cir. 2007)

Opinion

No. 07-7213.

Submitted: December 13, 2007.

Decided: December 20, 2007.

Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. James R. Spencer, Chief District Judge. (3:03-cr-00052-JRS-4; 3:06-cv-00845-JRS).

Dywan King, Appellant Pro Se. Brian Lee Whisler, Assistant United States Attorney, Richmond, Virginia, for Appellee.

Before NIEMEYER, MOTZ, and SHEDD, Circuit Judges.

Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.


Dywan King seeks to appeal the district court's order dismissing his 28 U.S.C. § 2255 (2000) motion as untimely. 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, 683-84 (4th Cir. 2001). We have independently reviewed the record and conclude that King 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

U.S. v. King

United States Court of Appeals, Fourth Circuit
Dec 20, 2007
258 F. App'x 553 (4th Cir. 2007)
Case details for

U.S. v. King

Case Details

Full title:UNITED STATES of America, Plaintiff-Appellee, v. Dywan KING, aka Doughboy…

Court:United States Court of Appeals, Fourth Circuit

Date published: Dec 20, 2007

Citations

258 F. App'x 553 (4th Cir. 2007)