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United States v. Joseph, 06-7984 (2007)

Court: Court of Appeals for the Fourth Circuit Number: 06-7984 Visitors: 29
Filed: Jun. 26, 2007
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 06-7984 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus RONY JOSEPH, a/k/a Joseph Rony, a/k/a Castro, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. James C. Fox, Senior District Judge. (7:00-cr-00118-F-2; 7:03-cv-00071-F) Submitted: June 21, 2007 Decided: June 26, 2007 Before NIEMEYER, WILLIAMS, and SHEDD, Circuit Judges. Dismissed by unpublis
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                             UNPUBLISHED

                   UNITED STATES COURT OF APPEALS
                       FOR THE FOURTH CIRCUIT


                             No. 06-7984



UNITED STATES OF AMERICA,

                                               Plaintiff - Appellee,

          versus


RONY JOSEPH, a/k/a Joseph Rony, a/k/a Castro,

                                            Defendant - Appellant.


Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh.    James C. Fox, Senior
District Judge. (7:00-cr-00118-F-2; 7:03-cv-00071-F)


Submitted:   June 21, 2007                 Decided:   June 26, 2007


Before NIEMEYER, WILLIAMS, and SHEDD, Circuit Judges.


Dismissed by unpublished per curiam opinion.


Rony Joseph, Appellant Pro Se. Rudolf A. Renfer, Jr., Assistant
United States Attorney, Raleigh, North Carolina, for Appellee.


Unpublished opinions are not binding precedent in this circuit.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

           Rony Joseph 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     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 Joseph has not

made the requisite showing.       Accordingly, we deny Joseph’s 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




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Source:  CourtListener

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