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United States v. Hopkins, 08-6199 (2008)

Court: Court of Appeals for the Fourth Circuit Number: 08-6199 Visitors: 15
Filed: Apr. 30, 2008
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-6199 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. SEAN JERVITT HOPKINS, a/k/a Sean Jackson, Defendant - Appellant. Appeal from the United States District Court for the United States District Court of Maryland, at Greenbelt. Alexander Williams, Jr., District Judge. (8:99-cr-00224-AW-1; 8:04-cv-00162-AW) Submitted: April 24, 2008 Decided: April 30, 2008 Before KING and SHEDD, Circuit Judges, and WILKINS, Senior Circuit
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                              UNPUBLISHED

                  UNITED STATES COURT OF APPEALS
                      FOR THE FOURTH CIRCUIT


                              No. 08-6199



UNITED STATES OF AMERICA,

                Plaintiff - Appellee,

          v.


SEAN JERVITT HOPKINS, a/k/a Sean Jackson,

                Defendant - Appellant.



Appeal from the United States District Court for the United States
District Court of Maryland, at Greenbelt. Alexander Williams, Jr.,
District Judge. (8:99-cr-00224-AW-1; 8:04-cv-00162-AW)


Submitted:   April 24, 2008                 Decided:   April 30, 2008


Before KING and SHEDD, Circuit Judges, and WILKINS, Senior Circuit
Judge.


Dismissed by unpublished per curiam opinion.


Sean Jervitt Hopkins, Appellant Pro Se.   James Marton Trusty,
OFFICE OF THE UNITED STATES ATTORNEY, Greenbelt, Maryland, for
Appellee.


Unpublished opinions are not binding precedent in this circuit.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

          Sean Jervitt Hopkins seeks to appeal the district court’s

order denying his Fed. R. Civ. P. 60(b) motion for reconsideration

of 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); Reid v. Angelone, 
369 F.3d 363
, 369 (4th Cir.

2004).   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 Hopkins 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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