US v. Shawn Eliely

Filing 920081114

Opinion

Download PDF
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-6850 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. SHAWN ELIELY, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Newport News. Raymond A. Jackson, District Judge. (4:04-cr-00078-RAJ-FBS-1; 4:07-cv-00011-RAJFBS) Submitted: October 30, 2008 Decided: November 14, 2008 Before NIEMEYER and MOTZ, Circuit Judges, and HAMILTON, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Shawn Eliely, Appellant Pro Se. Scott W. Putney, Assistant United States Attorney, Newport News, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Shawn Eliely seeks to appeal the district court's The order denying relief on his 28 U.S.C. 2255 (2006) motion. order is not appealable unless a circuit justice or judge issues a certificate of appealability. A certificate of appealability 28 U.S.C. 2253(c)(1) (2006). will not issue absent "a substantial showing of the denial of a constitutional right." 28 U.S.C. by 2253(c)(2) (2006). that A prisoner satisfies would this find standard demonstrating reasonable jurists 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 record (4th and Cir. 2001). that We have independently not made reviewed the the conclude Eliely has requisite showing. Accordingly, we deny a certificate of appealability We dispense with oral argument because and dismiss the appeal. the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. DISMISSED 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?