Filed: Sep. 08, 2006
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 05-7986 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus VANCE EDWARD INGRAM, III, Defendant - Appellant. Appeal from the United States District Court for the Middle District of North Carolina, at Greensboro. William L. Osteen, District Judge. (CR-01-207; CA-05-393-1) Submitted: August 16, 2006 Decided: September 8, 2006 Before MOTZ, GREGORY, and DUNCAN, Circuit Judges. Dismissed by unpublished per curiam opinion. Vance
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 05-7986 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus VANCE EDWARD INGRAM, III, Defendant - Appellant. Appeal from the United States District Court for the Middle District of North Carolina, at Greensboro. William L. Osteen, District Judge. (CR-01-207; CA-05-393-1) Submitted: August 16, 2006 Decided: September 8, 2006 Before MOTZ, GREGORY, and DUNCAN, Circuit Judges. Dismissed by unpublished per curiam opinion. Vance E..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-7986
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
VANCE EDWARD INGRAM, III,
Defendant - Appellant.
Appeal from the United States District Court for the Middle
District of North Carolina, at Greensboro. William L. Osteen,
District Judge. (CR-01-207; CA-05-393-1)
Submitted: August 16, 2006 Decided: September 8, 2006
Before MOTZ, GREGORY, and DUNCAN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Vance Edward Ingram, III, Appellant Pro Se. Angela Hewlett Miller,
OFFICE OF THE UNITED STATES ATTORNEY, Greensboro, North Carolina,
for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Vance Edward Ingram, III, seeks to appeal the district
court’s order accepting the recommendation of the magistrate judge
and denying relief on his 28 U.S.C. § 2255 (2000) 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 right.” 28 U.S.C.
§ 2253(c)(2) (2000). A prisoner satisfies this standard by
demonstrating that reasonable jurists would find that any
assessment of the constitutional claims by the district court is
debatable or 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 Ingram has not made the requisite showing. Accordingly, we
deny Ingram’s motion for a certificate of appealability and dismiss
the appeal. We also deny his motion to authorize a transcript at
government expense. Finally, 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
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