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United States v. Worrell, 07-6541 (2007)

Court: Court of Appeals for the Fourth Circuit Number: 07-6541 Visitors: 22
Filed: Aug. 29, 2007
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 07-6541 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus DAVID PATRICK WORRELL, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Malcolm J. Howard, Senior District Judge. (4:03-cr-00049-H; 4:06-cv-00063-H) Submitted: August 23, 2007 Decided: August 29, 2007 Before WILLIAMS, Chief Judge, and WILKINS and HAMILTON, Senior Circuit Judges. Dismissed by
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                               UNPUBLISHED

                   UNITED STATES COURT OF APPEALS
                       FOR THE FOURTH CIRCUIT


                               No. 07-6541



UNITED STATES OF AMERICA,

                                                 Plaintiff - Appellee,

          versus


DAVID PATRICK WORRELL,

                                                Defendant - Appellant.


Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh. Malcolm J. Howard, Senior
District Judge. (4:03-cr-00049-H; 4:06-cv-00063-H)


Submitted:   August 23, 2007                 Decided:   August 29, 2007


Before WILLIAMS, Chief Judge, and WILKINS and HAMILTON, Senior
Circuit Judges.


Dismissed by unpublished per curiam opinion.


David Patrick Worrell, Appellant Pro Se. Steve R. Matheny, OFFICE
OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for
Appellee.


Unpublished opinions are not binding precedent in this circuit.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

              David   Patrick    Worrell     seeks   to    appeal     the   district

court’s orders denying relief on his 28 U.S.C. § 2255 (2000) motion

and denying reconsideration.           The orders are 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    Worrell    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




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Source:  CourtListener

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