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United States v. Coleman, 03-7937 (2004)

Court: Court of Appeals for the Fourth Circuit Number: 03-7937 Visitors: 23
Filed: Apr. 22, 2004
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 03-7937 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus COLE LEVAN COLEMAN, Defendant - Appellant. Appeal from the United States District Court for the Middle District of North Carolina, at Durham. William L. Osteen, District Judge. (CR-98-139) Submitted: April 15, 2004 Decided: April 22, 2004 Before NIEMEYER and GREGORY, Circuit Judges, and HAMILTON, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Co
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                              UNPUBLISHED

                   UNITED STATES COURT OF APPEALS
                       FOR THE FOURTH CIRCUIT


                              No. 03-7937



UNITED STATES OF AMERICA,

                                               Plaintiff - Appellee,

          versus


COLE LEVAN COLEMAN,

                                              Defendant - Appellant.



Appeal from the United States District Court for the Middle
District of North Carolina, at Durham. William L. Osteen, District
Judge. (CR-98-139)


Submitted:   April 15, 2004                 Decided:   April 22, 2004


Before NIEMEYER and GREGORY, Circuit Judges, and HAMILTON, Senior
Circuit Judge.


Dismissed by unpublished per curiam opinion.


Cole Levan Coleman, Appellant Pro Se. Michael Francis Joseph,
Assistant United States Attorney, Greensboro, North Carolina, for
Appellee.


Unpublished opinions are not binding precedent in this circuit.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

           Cole Levan Coleman, a federal prisoner, 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 (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 Coleman

has not made the requisite showing.                Accordingly, we deny a

certificate of appealability and dismiss the appeal.               We grant

Coleman’s motion to file a supplemental brief.             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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