US v. Clarence Hicks

Filing 920081117

Opinion

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-7067 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. CLARENCE HICKS, a/k/a Bunky, Defendant - Appellant. Appeal from the United States District Court for the District of Maryland, at Baltimore. Benson Everett Legg, Chief District Judge. (1:98-cr-00259-BEL-9; 1:02-cv-02076-BEL) Submitted: November 5, 2008 Decided: November 17, 2008 Before NIEMEYER and Senior Circuit Judge. MICHAEL, Circuit Judges, and HAMILTON, Dismissed by unpublished per curiam opinion. Clarence Hicks, Appellant Pro Se. Assistant United States Attorney, Appellee. Robert Reeves Harding, Baltimore, Maryland, for Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Clarence Hicks seeks to appeal the district court's order denying his Fed. R. Civ. P. 60(b) motion for reconsideration of the district court's order denying relief on his 28 U.S.C. 2255 (2000) motion. unless a circuit justice or judge The order is not appealable issues a certificate of appealability. 369 F.3d 363, 28 U.S.C. 2253(c)(1) (2000); Reid v. Angelone, 369 (4th Cir. 2004). A certificate of appealability will not issue absent "a substantial showing of the denial of a constitutional right." (2000). 28 U.S.C. 2253(c)(2) 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). We have independently reviewed the record and conclude that Hicks has not made the of requisite showing. and Accordingly, dismiss the the we deny a We legal certificate dispense appealability oral argument appeal. and with because facts contentions are adequately presented in the materials before the court and argument would not aid the decisional process. DISMISSED 2

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