Filed: Mar. 28, 2007
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 06-6958 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus LUTHER J. MCLOYD, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of North Carolina, at Greenville. Terrence W. Boyle, District Judge. (4:94-cr-00070-BO-16; 4:06-cv-00009-BO) Submitted: March 22, 2007 Decided: March 28, 2007 Before WIDENER and WILKINSON, Circuit Judges, and HAMILTON, Senior Circuit Judge. Dismissed by un
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 06-6958 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus LUTHER J. MCLOYD, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of North Carolina, at Greenville. Terrence W. Boyle, District Judge. (4:94-cr-00070-BO-16; 4:06-cv-00009-BO) Submitted: March 22, 2007 Decided: March 28, 2007 Before WIDENER and WILKINSON, Circuit Judges, and HAMILTON, Senior Circuit Judge. Dismissed by unp..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 06-6958
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
LUTHER J. MCLOYD,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Greenville. Terrence W. Boyle,
District Judge. (4:94-cr-00070-BO-16; 4:06-cv-00009-BO)
Submitted: March 22, 2007 Decided: March 28, 2007
Before WIDENER and WILKINSON, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Luther J. McLoyd, 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Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Luther J. McLoyd seeks to appeal the district court’s
order denying his Fed. R. Civ. P. 60(b) motion for reconsideration
of its denial of McLoyd’s 28 U.S.C. § 2255 (2000) motion. 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
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); Reid v. Angelone,
369
F.3d 363, 371 (4th Cir. 2004); Rose v. Lee,
252 F.3d 676, 683 (4th
Cir. 2001). We have independently reviewed the record and conclude
that McLoyd has not made the requisite showing. Accordingly, we
deny McLoyd’s motion for 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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