US v. Beeks
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
UNITED STATES OF AMERICA, Plaintiff - Appellee, versus DAVID LAMONT BEEKS, Defendant - Appellant.
Appeal from the United States District Court for the District of South Carolina, at Greenville. Henry M. Herlong, Jr., District Judge. (6:01-cr-00828-HMH-12; 6:06-cv-00172-HMH)
Submitted: June 15, 2006
Decided: June 21, 2006
Before KING, SHEDD, and DUNCAN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
David Lamont Beeks, Appellant Pro Se. Regan Alexandra Pendleton, Assistant United States Attorney, Greenville, South Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).
PER CURIAM: David Lamont Beeks seeks to appeal the district court's order dismissing as successive his 28 U.S.C. § 2255 (2000) motion. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. (2000). 28 U.S.C. § 2253(c)(1)
A certificate of appealability will not issue absent "a 28
substantial showing of the denial of a constitutional right." U.S.C. § 2253(c)(2) (2000). demonstrating that
A prisoner satisfies this standard by 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 (2003); Slack v. McDaniel, 529 U.S. 473, 484 (2000); Rose v. Lee, 252 F.3d 676, 683-84 (4th Cir. 2001). We have
independently reviewed the record and conclude that Beeks has not made the requisite showing. Accordingly, we deny a certificate of We dispense with oral
appealability and dismiss the appeal.
argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.
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