US v. Phillip Vaughan
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
UNITED STATES OF AMERICA, Plaintiff - Appellee, v. PHILLIP MARK VAUGHAN, Defendant - Appellant.
Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Lacy H. Thornburg, District Judge. (3:01-cr-00011-LHT-1; 3:08-cv-00330-LHT)
January 13, 2009
January 20, 2009
Before WILLIAMS, Judges.
Dismissed by unpublished per curiam opinion.
Phillip Mark Vaughan, Appellant Pro Se. Martens, Assistant United States Attorney, Carolina, for Appellee.
Matthew Theodore Charlotte, North
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM: Phillip court's motion. judge order Mark Vaughan relief seeks his to 28 appeal U.S.C. the district (2000)
The order is not appealable unless a circuit justice or issues a certificate of appealability. 28 U.S.C.
§ 2253(c)(1) (2000). issue absent "a
A certificate of appealability will not showing U.S.C. standard find the that of the denial of a A that the or
constitutional prisoner reasonable
right." this would by
§ 2253(c)(2) by any
demonstrating assessment is of
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 Vaughan has not made the of requisite showing. and Accordingly, dismiss the the we deny a We legal
appealability oral argument
contentions are adequately presented in the materials before the court and argument would not aid the decisional process.
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?