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United States v. Jordan, 07-6093 (2007)

Court: Court of Appeals for the Fourth Circuit Number: 07-6093 Visitors: 64
Filed: Apr. 06, 2007
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 07-6093 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus GIVIONNE RICHARDO JORDAN, Defendant - Appellant. Appeal from the United States District Court for the District of South Carolina, at Charleston. Sol Blatt, Jr., Senior District Judge. (2:02-cr-00188-SB; 2:06-cv-00328-SB) Submitted: March 29, 2007 Decided: April 6, 2007 Before MOTZ, TRAXLER, and DUNCAN, Circuit Judges. Dismissed by unpublished per curiam opinion. Gi
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                              UNPUBLISHED

                   UNITED STATES COURT OF APPEALS
                       FOR THE FOURTH CIRCUIT


                              No. 07-6093



UNITED STATES OF AMERICA,

                                               Plaintiff - Appellee,

          versus


GIVIONNE RICHARDO JORDAN,

                                             Defendant - Appellant.


Appeal from the United States District Court for the District of
South Carolina, at Charleston. Sol Blatt, Jr., Senior District
Judge. (2:02-cr-00188-SB; 2:06-cv-00328-SB)


Submitted:   March 29, 2007                 Decided:   April 6, 2007


Before MOTZ, TRAXLER, and DUNCAN, Circuit Judges.


Dismissed by unpublished per curiam opinion.


Givionne Richardo Jordan, Appellant Pro Se. Carlton R. Bourne,
Jr., Assistant United States Attorney, Charleston, South Carolina,
for Appellee.


Unpublished opinions are not binding precedent in this circuit.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

            Givionne Richardo Jordan 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

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 Jordan has not

made the requisite showing.     Accordingly, we deny a certificate of

appealability, deny leave to proceed in forma pauperis, 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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