United States v. Patterson , 98 F. App'x 965 ( 2004 )


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  •                             UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 04-6067
    UNITED STATES OF AMERICA,
    Plaintiff - Appellee,
    versus
    WILLIAM LEE PATTERSON,
    Defendant - Appellant.
    Appeal from the United States District Court for the Eastern
    District of Virginia, at Norfolk.     Robert G. Doumar, Senior
    District Judge. (CR-00-187; CA-03-41-2)
    Submitted:   May 26, 2004                   Decided:   June 8, 2004
    Before WIDENER and WILLIAMS, Circuit Judges, and HAMILTON, Senior
    Circuit Judge.
    Dismissed by unpublished per curiam opinion.
    William Lee Patterson, Appellant Pro Se. Laura Marie Everhart,
    Assistant United States Attorney, Norfolk, Virginia, for Appellee.
    Unpublished opinions are not binding precedent in this circuit.
    See Local Rule 36(c).
    PER CURIAM:
    William   Lee    Patterson      seeks   to   appeal   the   district
    court’s order denying relief on his motion filed under 
    28 U.S.C. § 2255
     (2000).       The order is appealable only if 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
    right.”      
    28 U.S.C. § 2253
    (c)(2) (2000).            A prisoner satisfies this
    standard by demonstrating that reasonable jurists would find that
    his constitutional claims are debatable and that any dispositive
    procedural rulings by the district court are also debatable or
    wrong.       See Miller-El v. Cockrell, 
    537 U.S. 322
    , 336 (2003);
    Slack v. McDaniel, 
    529 U.S. 473
    , 484 (2000); Rose v. Lee, 
    252 F.3d 676
    , 683 (4th Cir. 2001).               We have independently reviewed the
    record and conclude that Patterson 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      before    the    court    and    argument    would    not    aid   the
    decisional process.
    DISMISSED
    - 2 -
    

Document Info

Docket Number: 04-6067

Citation Numbers: 98 F. App'x 965

Judges: Hamilton, Per Curiam, Widener, Williams

Filed Date: 6/8/2004

Precedential Status: Non-Precedential

Modified Date: 8/6/2023