US v. Timothy Bennett

Filing 920080703

Opinion

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-6465

UNITED STATES OF AMERICA, Plaintiff - Appellee, v. TIMOTHY O. BENNETT, Defendant - Appellant.

Appeal from the United States District Court for the Western District of North Carolina, at Bryson City. Lacy H. Thornburg, District Judge. (2:06-cr-00006-LHT-DLH-1; 2:07-cv-00020-LHT)

Submitted:

May 29, 2008

Decided:

July 3, 2008

Before WILKINSON, GREGORY, and DUNCAN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Timothy O. Bennett, Appellant Pro Se. Corey F. Ellis, OFFICE OF THE UNITED STATES ATTORNEY, Asheville, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Timothy appealability, O. Bennett to moves the for a certificate court's of

seeking

appeal

district

orders

denying relief on his 28 U.S.C. § 2255 (2000) motion and denying his motion for reconsideration. unless a circuit justice or The orders are not appealable 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." 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). record and conclude that We have independently reviewed the has not made the requisite

Bennett

showing.

Accordingly, we deny the motion for 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

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