Filed: May 18, 2005
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 05-6131 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus JULIUS NIGEL FREDERICKS, a/k/a Mike Williams, a/k/a Mike Francis, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Jerome B. Friedman, District Judge. (CR-02-150; CA-04-475-2) Submitted: May 12, 2005 Decided: May 18, 2005 Before TRAXLER, KING, and SHEDD, Circuit Judges. Dismissed by unpublished pe
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 05-6131 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus JULIUS NIGEL FREDERICKS, a/k/a Mike Williams, a/k/a Mike Francis, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Jerome B. Friedman, District Judge. (CR-02-150; CA-04-475-2) Submitted: May 12, 2005 Decided: May 18, 2005 Before TRAXLER, KING, and SHEDD, Circuit Judges. Dismissed by unpublished per..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-6131
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
JULIUS NIGEL FREDERICKS, a/k/a Mike Williams,
a/k/a Mike Francis,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk. Jerome B. Friedman, District
Judge. (CR-02-150; CA-04-475-2)
Submitted: May 12, 2005 Decided: May 18, 2005
Before TRAXLER, KING, and SHEDD, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Julius Nigel Fredericks, Appellant Pro Se. Kevin Michael Comstock,
Assistant United States Attorney, Norfolk, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Julius Nigel Fredericks seeks to appeal the district
court’s order dismissing his 28 U.S.C. § 2255 (2000) motion as
untimely. 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
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, 336-38 (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 Fredericks 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