Elawyers Elawyers
Ohio| Change

United States v. Thakur, 06-6904 (2007)

Court: Court of Appeals for the Fourth Circuit Number: 06-6904 Visitors: 20
Filed: Feb. 16, 2007
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 06-6904 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus ASHOK KUMAR THAKUR, Defendant - Appellant. Appeal from the United States District Court for the District of Maryland, at Baltimore. Catherine C. Blake, District Judge. (1:04-cr-00341-CCB; 1:05-cv-02487-CCB) Submitted: January 24, 2007 Decided: February 16, 2007 Before WILKINSON, WILLIAMS, and MOTZ, Circuit Judges. Dismissed by unpublished per curiam opinion. Ashok
More
                            UNPUBLISHED

                   UNITED STATES COURT OF APPEALS
                       FOR THE FOURTH CIRCUIT


                            No. 06-6904



UNITED STATES OF AMERICA,

                                               Plaintiff - Appellee,

          versus


ASHOK KUMAR THAKUR,

                                            Defendant - Appellant.



Appeal from the United States District Court for the District of
Maryland, at Baltimore.     Catherine C. Blake, District Judge.
(1:04-cr-00341-CCB; 1:05-cv-02487-CCB)


Submitted:   January 24, 2007          Decided:     February 16, 2007


Before WILKINSON, WILLIAMS, and MOTZ, Circuit Judges.


Dismissed by unpublished per curiam opinion.


Ashok Kumar Thakur, Appellant Pro Se. Steven Hale Levin, OFFICE OF
THE UNITED STATES ATTORNEY, Baltimore, Maryland, for Appellee.


Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:

           Ashok Kumar Thakur seeks to appeal the district court’s

order 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    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 Thakur has not made the requisite showing.

Accordingly, although we grant Thakur’s motion to supplement and

motion for judicial notice, we deny his motion for 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

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer