US v. Shamsadeen Purvis

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 8:04-cr-00495-AW-1,8:08-cv-00170-AW Copies to all parties and the district court/agency. [998379488] [08-6867]

US v. Shamsadeen Purvis

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Date Filed: 07/14/2010

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-6867 UNITED STATES OF AMERICA, Plaintiff ­ Appellee, v. SHAMSADEEN IBN PURVIS, Defendant ­ Appellant.

Appeal from the United States District Court for the District of Maryland, at Greenbelt. Alexander Williams, Jr., District Judge. (8:04-cr-00495-AW-1; 8:08-cv-00170-AW) Submitted: June 29, 2010 Decided: July 14, 2010

Before TRAXLER, Chief Judge, and KING and DAVIS, Circuit Judges. Dismissed by unpublished per curiam opinion. Shamsadeen Ibn Purvis, Appellant Pro Se. Michael Richard Pauze, Assistant United States Attorney, Greenbelt, Maryland, for Appellee. Unpublished opinions are not binding precedent in this circuit.

Dockets.Justia.com

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PER CURIAM: Shamsadeen court's order Ibn Purvis his 28 seeks to appeal § 2255 the district Supp.

dismissing

U.S.C.A.

(West

2010) motion. justice or

The order is not appealable unless a circuit issues a certificate of appealability. 28

judge

U.S.C. § 2253(c)(1) (2006). 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) (2006).

When the

district court denies relief on the merits, a prisoner satisfies this standard by demonstrating that reasonable jurists would

find that the district court's assessment of the constitutional claims is debatable or wrong. 484 (2000); see Miller-El v. Slack v. McDaniel, 529 U.S. 473, Cockrell, 537 U.S. 322, 336-38

(2003).

When the district court denies relief on procedural

grounds, the prisoner must demonstrate both that the dispositive procedural ruling is debatable, and that the motion states a debatable claim of the denial of a constitutional right. 529 U.S. at 484-85. Slack,

We have independently reviewed the record

and conclude that Purvis 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

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Date Filed: 07/14/2010

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before

the

court

and

argument

would

not

aid

the

decisional

process. DISMISSED

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