US v. White
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
UNITED STATES OF AMERICA, Plaintiff - Appellee, versus HARRY JAMES WHITE, JR., Defendant - Appellant.
Appeal from the United States District Court for the District of Maryland, at Greenbelt. Peter J. Messitte, District Judge. (8:01cr-00284-PJM; 8:06-cv-02984-PJM)
Submitted: April 26, 2007
Decided: May 2, 2007
Before WILLIAMS, MICHAEL, and SHEDD, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Harry James White, Jr., Appellant Pro Se. Barbara Suzanne Skalla, Assistant United States Attorney, James Marton Trusty, OFFICE OF THE UNITED STATES ATTORNEY, Greenbelt, Maryland, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM: Harry James White, Jr. seeks to appeal the district court's order dismissing as untimely his 28 U.S.C. § 2255 (2000) motion. judge The order is not appealable unless a circuit justice or 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 (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 White 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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