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U.S. v. Ziadeh

United States Court of Appeals, Fourth Circuit
Mar 31, 2008
271 F. App'x 329 (4th Cir. 2008)

Opinion

No. 08-6228.

Submitted: March 25, 2008.

Decided: March 31, 2008.

Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. Richard L. Williams, Senior District Judge. (3:02-cr-O0273-RLW-1; 3:07-cv-O0786-RLW).

Joseph Ziadeh, Appellant Pro Se. Gurney Wingate Grant, II, Office of the United States Attorney, Richmond, Virginia, for Appellee.

Before MOTZ, KING, and GREGORY, Circuit Judges.

Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.


Joseph Ziadeh seeks to appeal the district court's order treating his "Petition for a Writ of Error Coram Nobis" as a successive 28 U.S.C. § 2255 (2000) motion, and dismissing it on that basis. 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 Ziadeh 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. Ziadeh

United States Court of Appeals, Fourth Circuit
Mar 31, 2008
271 F. App'x 329 (4th Cir. 2008)
Case details for

U.S. v. Ziadeh

Case Details

Full title:UNITED STATES of America, Plaintiff-Appellee, v. Joseph ZIADEH…

Court:United States Court of Appeals, Fourth Circuit

Date published: Mar 31, 2008

Citations

271 F. App'x 329 (4th Cir. 2008)