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United States v. Pulley, 04-6333 (2005)

Court: Court of Appeals for the Fourth Circuit Number: 04-6333 Visitors: 26
Filed: Jan. 12, 2005
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 04-6333 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus PARIS TIWAND PULLEY, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. James C. Fox, Senior District Judge. (CR-93-121-1-F; CA-03-838-5-F) Submitted: November 10, 2004 Decided: January 12, 2005 Before TRAXLER and KING, Circuit Judges, and HAMILTON, Senior Circuit Judge. Dismissed by unpublish
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                            UNPUBLISHED

                   UNITED STATES COURT OF APPEALS
                       FOR THE FOURTH CIRCUIT


                            No. 04-6333



UNITED STATES OF AMERICA,

                                               Plaintiff - Appellee,

          versus


PARIS TIWAND PULLEY,

                                              Defendant - Appellant.



Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh.    James C. Fox, Senior
District Judge. (CR-93-121-1-F; CA-03-838-5-F)


Submitted:   November 10, 2004            Decided:   January 12, 2005


Before TRAXLER and KING, Circuit Judges, and HAMILTON, Senior
Circuit Judge.


Dismissed by unpublished per curiam opinion.


Paris Tiwand Pulley, Appellant Pro Se. Rudolf A. Renfer, Jr.,
Assistant United States Attorney, Raleigh, North Carolina, for
Appellee.


Unpublished opinions are not binding precedent in this circuit.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

            Paris Tiwand Pulley seeks to appeal the district court’s

order denying relief on his motion filed under 28 U.S.C. § 2255

(2000) challenging the revocation of his supervised release and

order denying his motion to reconsider.              The orders are 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 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 Pulley 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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