US v. Theresa Head

Filing 920090227

Opinion

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-8483 UNITED STATES OF AMERICA, Plaintiff Appellee, v. THERESA JANE HEAD, Defendant Appellant.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 Dismissed by unpublished per curiam opinion.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 Unpublished opinions are not binding precedent in this circuit.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 2

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