US v. Charles Williams
Filing
920090527
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 08-8135
UNITED STATES OF AMERICA, Plaintiff - Appellee, v. CHARLES ODELL WILLIAMS, Defendant - Appellant.
Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Terrence W. Boyle, District Judge. (5:03-cr-00239-BO; 5:07-cv-3-BO)
Submitted:
May 21, 2009
Decided:
May 27, 2009
Before MOTZ, TRAXLER, and AGEE, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Charles Odell Williams, Appellant Pro Se. Rudolf A. Renfer, Jr., Assistant United Raleigh, North Carolina, for Appellee.
Steve R. Matheny, States Attorneys,
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM: Charles Odell Williams seeks to appeal the district court's order denying relief on his 28 U.S.C.A. § 2255 (West Supp. 2008) motion. The order is not appealable unless a
circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1) (2006). A certificate of appealability
will not issue absent "a substantial showing of the denial of a constitutional prisoner reasonable right." this would by 28 U.S.C. standard find the that § 2253(c)(2) by any (2006). A that the or
satisfies jurists
demonstrating assessment is of
constitutional
claims
district
court
debatable
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 Williams has not made the requisite showing. motion appeal. legal before for a certificate of Accordingly, we deny Williams' appealability and dismiss the
We dispense with oral argument because the facts and are and adequately argument presented not in aid the the materials decisional
contentions the court
would
process. DISMISSED
2
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