US v. Henderson

Filing 920071228

Opinion

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 07-7497 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus LAMONT HENDERSON, Defendant - Appellant. Appeal from the United States District Court District for the District of South Carolina, at Anderson. Henry M. Herlong, Jr., District Judge. (8:03-cr-00614-HMH; 8:07-cv-70066-HMH) Submitted: December 20, 2007 Decided: December 28, 2007 Before MICHAEL and KING, Circuit Judges, and HAMILTON, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Lamont Henderson, Appellant Pro Se. Alan Lance Crick, Assistant United States Attorney, Greenville, South Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Lamont Henderson seeks to appeal the district court's order denying relief on his 28 U.S.C. 2255 (2000) motion. 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." 2253(c)(2)(2000). that A prisoner satisfies this 28 U.S.C. standard that by any demonstrating reasonable jurists would 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 Henderson 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 - 2 -

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