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United States v. Anderson, 03-7018 (2003)

Court: Court of Appeals for the Fourth Circuit Number: 03-7018 Visitors: 11
Filed: Nov. 18, 2003
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 03-7018 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus ORLANDO ANDERSON, Defendant - Appellant. Appeal from the United States District Court for the Southern District of West Virginia, at Huntington. Robert C. Chambers, District Judge. (CR-99-00105-3-4, CA-00-555-3) Submitted: November 6, 2003 Decided: November 18, 2003 Before WIDENER, MICHAEL, and TRAXLER, Circuit Judges. Dismissed by unpublished per curiam opinion. O
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                             UNPUBLISHED

                    UNITED STATES COURT OF APPEALS
                        FOR THE FOURTH CIRCUIT


                             No. 03-7018



UNITED STATES OF AMERICA,

                                               Plaintiff - Appellee,

          versus


ORLANDO ANDERSON,

                                             Defendant - Appellant.



Appeal from the United States District Court for the Southern
District of West Virginia, at Huntington.   Robert C. Chambers,
District Judge. (CR-99-00105-3-4, CA-00-555-3)


Submitted:   November 6, 2003           Decided:     November 18, 2003


Before WIDENER, MICHAEL, and TRAXLER, Circuit Judges.


Dismissed by unpublished per curiam opinion.


Orlando Anderson, Appellant Pro Se. Michael Lee Keller, OFFICE OF
THE UNITED STATES ATTORNEY, Charleston, West Virginia, for
Appellee.


Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:

       Orlando Anderson seeks to appeal the district court’s order

denying his 28 U.S.C. § 2255 (2000) motion.              An appeal may not be

taken from the final order in a § 2255 proceeding 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

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
,              , 
123 S. Ct. 1029
, 1039 (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 Anderson 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

Source:  CourtListener

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