US v. Heard

Filing 920061221

Opinion

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 06-6884 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus PATSY P. HEARD, Defendant - Appellant. Appeal from the United States District Court for the District of South Carolina, at Anderson. Margaret B. Seymour, District Judge. (8:00-cr-00350-MBS; 8:05-cv-02078-MBS) Submitted: November 30, 2006 Decided: December 21, 2006 Before MOTZ and TRAXLER, Circuit Judges, and HAMILTON, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Patsy P. Heard, Appellant Pro Se. William Corley Lucius, Assistant United States Attorney, Greenville, South Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Patsy P. Heard seeks to appeal the district court's order denying relief on her 28 U.S.C. 2255 (2000) motion. not appealable unless a circuit justice or The order is issues a A judge certificate of appealability. 28 U.S.C. 2253(c)(1) (2000). certificate of appealability will not issue absent "a substantial showing of the denial of a constitutional right." 2253(c)(2) (2000). that A prisoner satisfies would this 28 U.S.C. standard that by any demonstrating reasonable jurists find 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 Heard 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. DISMISSED - 2 -

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