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United States v. White, 03-7529 (2004)

Court: Court of Appeals for the Fourth Circuit Number: 03-7529 Visitors: 8
Filed: May 20, 2004
Latest Update: Mar. 28, 2017
Summary: CORRECTED OPINION UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 03-7529 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus ELIJAH WHITE, Defendant - Appellant. Appeal from the United States District Court for the District of South Carolina, at Charleston. Patrick Michael Duffy, District Judge. (CR-98-455; CA-03-379-2-23) Submitted: December 18, 2003 Decided: January 16, 2004 Corrected Opinion Filed: May 20, 2004 Before LUTTIG, SHEDD, and DUNCAN, Circuit Judges. Dismis
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                          CORRECTED OPINION

                             UNPUBLISHED

                    UNITED STATES COURT OF APPEALS
                        FOR THE FOURTH CIRCUIT


                             No. 03-7529



UNITED STATES OF AMERICA,

                                                Plaintiff - Appellee,

          versus


ELIJAH WHITE,

                                               Defendant - Appellant.


Appeal from the United States District Court for the District of
South Carolina, at Charleston.   Patrick Michael Duffy, District
Judge. (CR-98-455; CA-03-379-2-23)


Submitted:   December 18, 2003             Decided:   January 16, 2004

                Corrected Opinion Filed:   May 20, 2004


Before LUTTIG, SHEDD, and DUNCAN, Circuit Judges.


Dismissed by unpublished per curiam opinion.


Elijah White, Appellant Pro Se.     Miller Williams Shealy, Jr.,
OFFICE OF THE UNITED STATES ATTORNEY, Charleston, South Carolina,
for Appellee.


Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:

            Elijah White seeks to appeal the district court's 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 for claims addressed by a district

court   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 both 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
,

336-38 (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 White 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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