Filed: Jun. 01, 2005
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 04-7991 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus WENDELL SAMUEL CHISOLM, Defendant - Appellant. Appeal from the United States District Court for the District of South Carolina, at Charleston. C. Weston Houck, Senior District Judge. (CR-01-692; CA-03-1329-2-12) Submitted: April 29, 2005 Decided: June 1, 2005 Before NIEMEYER and TRAXLER, Circuit Judges, and HAMILTON, Senior Circuit Judge. Dismissed by unpublished p
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 04-7991 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus WENDELL SAMUEL CHISOLM, Defendant - Appellant. Appeal from the United States District Court for the District of South Carolina, at Charleston. C. Weston Houck, Senior District Judge. (CR-01-692; CA-03-1329-2-12) Submitted: April 29, 2005 Decided: June 1, 2005 Before NIEMEYER and TRAXLER, Circuit Judges, and HAMILTON, Senior Circuit Judge. Dismissed by unpublished pe..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-7991
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
WENDELL SAMUEL CHISOLM,
Defendant - Appellant.
Appeal from the United States District Court for the District of
South Carolina, at Charleston. C. Weston Houck, Senior District
Judge. (CR-01-692; CA-03-1329-2-12)
Submitted: April 29, 2005 Decided: June 1, 2005
Before NIEMEYER and TRAXLER, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Wendell Samuel Chisolm, Appellant Pro Se. John Charles Duane,
Assistant United States Attorney, Charleston, South Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Wendell S. Chisolm 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 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 Chisolm 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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