Filed: Aug. 10, 2004
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 03-7348 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus WILLIAM EARL WILLIAMS, a/k/a Willie Earl Williams, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of North Carolina, at New Bern. Malcolm J. Howard, District Judge. (CR-97-35; CA-01-59-4-H) Submitted: May 28, 2004 Decided: August 10, 2004 Before LUTTIG, MOTZ, and SHEDD, Circuit Judges. Dismissed by unpublished per curia
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 03-7348 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus WILLIAM EARL WILLIAMS, a/k/a Willie Earl Williams, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of North Carolina, at New Bern. Malcolm J. Howard, District Judge. (CR-97-35; CA-01-59-4-H) Submitted: May 28, 2004 Decided: August 10, 2004 Before LUTTIG, MOTZ, and SHEDD, Circuit Judges. Dismissed by unpublished per curiam..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-7348
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
WILLIAM EARL WILLIAMS, a/k/a Willie Earl
Williams,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of North Carolina, at New Bern. Malcolm J. Howard,
District Judge. (CR-97-35; CA-01-59-4-H)
Submitted: May 28, 2004 Decided: August 10, 2004
Before LUTTIG, MOTZ, and SHEDD, Circuit Judges.
Dismissed by unpublished per curiam opinion.
William Earl Williams, Appellant Pro Se. John Howarth Bennett,
OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
William Earl Williams seeks to appeal the district
court’s order denying relief on his Fed. R. Civ. P. 60(b) motion
seeking reconsideration of the district court’s order denying his
motion for reconsideration of its order denying relief on his
motion filed under 28 U.S.C. § 2255 (2000). An appeal may not be
taken from the final order in a § 2255 proceeding 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 Williams 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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