Filed: Jul. 28, 2004
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 04-6105 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus TOMMY LEE ALFORD, Defendant - Appellant. Appeal from the United States District Court for the District of South Carolina, at Florence. C. Weston Houck, Senior District Judge. (CR-99-652; CA-01-104-12) Submitted: June 30, 2004 Decided: July 28, 2004 Before WIDENER, WILLIAMS, and MICHAEL, Circuit Judges. Dismissed by unpublished per curiam opinion. Tommy Lee Alford,
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 04-6105 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus TOMMY LEE ALFORD, Defendant - Appellant. Appeal from the United States District Court for the District of South Carolina, at Florence. C. Weston Houck, Senior District Judge. (CR-99-652; CA-01-104-12) Submitted: June 30, 2004 Decided: July 28, 2004 Before WIDENER, WILLIAMS, and MICHAEL, Circuit Judges. Dismissed by unpublished per curiam opinion. Tommy Lee Alford, A..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-6105
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
TOMMY LEE ALFORD,
Defendant - Appellant.
Appeal from the United States District Court for the District of
South Carolina, at Florence. C. Weston Houck, Senior District
Judge. (CR-99-652; CA-01-104-12)
Submitted: June 30, 2004 Decided: July 28, 2004
Before WIDENER, WILLIAMS, and MICHAEL, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Tommy Lee Alford, Appellant Pro Se. Rose Mary Parham, Assistant
United States Attorney, Florence, South Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Tommy Lee Alford seeks to appeal from the district
court’s order denying his Fed. R. Civ. P. 60(b) motion seeking
reconsideration of the district court’s order denying his motion
filed under 28 U.S.C. § 2255 (2000). The order is 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 his or her 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 Alford
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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