Filed: Aug. 10, 2004
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 04-6507 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus BRENT LAMARK LINDER, Defendant - Appellant. Appeal from the United States District Court for the District of South Carolina, at Spartanburg. Margaret B. Seymour, District Judge. (CR-02-436; CA-03-1731-7-24) Submitted: July 30, 2004 Decided: August 10, 2004 Before WILLIAMS, TRAXLER, and SHEDD, Circuit Judges. Dismissed by unpublished per curiam opinion. Brent Lamark
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 04-6507 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus BRENT LAMARK LINDER, Defendant - Appellant. Appeal from the United States District Court for the District of South Carolina, at Spartanburg. Margaret B. Seymour, District Judge. (CR-02-436; CA-03-1731-7-24) Submitted: July 30, 2004 Decided: August 10, 2004 Before WILLIAMS, TRAXLER, and SHEDD, Circuit Judges. Dismissed by unpublished per curiam opinion. Brent Lamark ..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-6507
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
BRENT LAMARK LINDER,
Defendant - Appellant.
Appeal from the United States District Court for the District of
South Carolina, at Spartanburg. Margaret B. Seymour, District
Judge. (CR-02-436; CA-03-1731-7-24)
Submitted: July 30, 2004 Decided: August 10, 2004
Before WILLIAMS, TRAXLER, and SHEDD, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Brent Lamark Linder, Appellant Pro Se. Alan Lance Crick, Assistant
United States Attorney, Greenville, South Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Brent Lamark Linder seeks to appeal the district court’s
order denying relief on his petition filed under 28 U.S.C. § 2255
(2000). The order is appealable only if 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 Linder has not made the requisite showing.
Accordingly, we deny a certificate of appealability and dismiss the
appeal. We deny Linder’s motion to hold the appeal in abeyance and
to remand his case to the district court with instructions to grant
or deny a certificate of appealability. 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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