US v. Theresa Head

Filing 920090227

Opinion

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-8483

UNITED STATES OF AMERICA, Plaintiff ­ Appellee, v. THERESA JANE HEAD, Defendant ­ Appellant.

Appeal from the United States District Court for the Western District of Virginia, at Big Stone Gap. James P. Jones, Chief District Judge. (2:05-cr-00026-jpj-mfu-1; 2:08-cv-80053-jpjmfu)

Submitted:

February 19, 2009

Decided:

February 27, 2009

Before WILKINSON, DUNCAN, and AGEE, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Theresa Jane Head, Appellant Pro Se. Zachary T. Lee, Assistant United States Attorney, Abingdon, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Theresa Jane Head seeks to appeal the district court's order denying relief on her 28 U.S.C.A. § 2255 (West 2006

& 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) (2000). 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 (2000). 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 Head has not made the requisite showing. Accordingly, we deny a certificate We also deny Head's with oral argument

of appealability and dismiss the appeal. motion to appoint counsel. We dispense

because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. DISMISSED

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