US v. Duncan

Filing 920070515

Opinion

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 07-6142

UNITED STATES OF AMERICA, Plaintiff - Appellee, versus BOBBI DUNCAN, a/k/a Nee Nee, Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. James R. Spencer, Chief District Judge. (3:02-cv-00378-JRS; 3:06-cv-00076-JRS)

Submitted:

May 10, 2007

Decided:

May 15, 2007

Before MOTZ and DUNCAN, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Bobbi Duncan, Appellant Pro Se. Laura C. Marshall, OFFICE OF THE UNITED STATES ATTORNEY, Richmond, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Bobbi Duncan has filed a motion for certificate of appealability in regard to the district court's denial of her 28 U.S.C. § 2255 (2000) motion. not issue absent "a A certificate of appealability will showing of the denial of a

substantial

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, 68384 (4th Cir. 2001). conclude that We have independently reviewed the record and has not made the requisite showing.

Duncan

Accordingly, we deny her motion for a certificate of appealability and dismiss the appeal. We dispense with oral argument because the facts and legal before contentions the court are and adequately argument presented not in aid the the

materials

would

decisional process.

DISMISSED

- 2 -