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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT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Dismissed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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