US v. Jimmy Hall

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UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 7:07-cr-00294-HFF-11,7:09-cv-70097-HFF Copies to all parties and the district court/agency. [998454931] [10-6074]

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US v. Jimmy Hall Doc. 0 Case: 10-6074 Document: 10 Date Filed: 10/28/2010 Page: 1 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-6074 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. JIMMY HALL, Defendant - Appellant. Appeal from the United States District Court for the District of South Carolina, at Spartanburg. Henry F. Floyd, District Judge. (7:07-cr-00294-HFF-11; 7:09-cv-70097-HFF) Submitted: October 6, 2010 Decided: October 28, 2010 Before GREGORY and DUNCAN, Circuit Judges, and HAMILTON, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Jimmy Hall, Appellant Pro Se. William Walter Wilkins, III, United States Attorney, Regan Alexandra Pendleton, Assistant United States Attorney, Greenville, South Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. Dockets.Justia.com Case: 10-6074 Document: 10 Date Filed: 10/28/2010 Page: 2 PER CURIAM: Jimmy Hall seeks to appeal the district court's order denying motion. judge relief on his 28 U.S.C.A. § 2255 (West Supp. 2010) The order is not appealable unless a circuit justice or issues a certificate of appealability. 28 U.S.C. § 2253(c)(1) (2006). issue absent "a A certificate of appealability will not showing of the denial of a substantial constitutional right." 28 U.S.C. § 2253(c)(2) (2006). When the district court denies relief on the merits, a prisoner satisfies this standard by demonstrating that reasonable jurists would find that the district court's assessment of the constitutional claims is debatable or wrong. 484 (2000); see Miller-El v. Slack v. McDaniel, 529 U.S. 473, Cockrell, 537 U.S. 322, 336-38 (2003). When the district court denies relief on procedural grounds, the prisoner must demonstrate both that the dispositive procedural ruling is debatable, and that the petition states a debatable claim of the denial of a constitutional right. 529 U.S. at 484-85. and conclude that Slack, We have independently reviewed the record Hall has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the appeal. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials 2 Case: 10-6074 Document: 10 Date Filed: 10/28/2010 Page: 3 before the court and argument would not aid the decisional process. DISMISSED 3

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