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United States v. Hudson, 07-6857 (2008)

Court: Court of Appeals for the Fourth Circuit Number: 07-6857 Visitors: 4
Filed: Apr. 08, 2008
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 07-6857 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus RICHARD DOYLE HUDSON, Defendant - Appellant. Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Lacy H. Thornburg, District Judge. (3:03-cr-00028; 3:06-cv-00494) Submitted: January 22, 2008 Decided: April 8, 2008 Before WILKINSON, MICHAEL, and DUNCAN, Circuit Judges. Dismissed by unpublished per curiam opinion. Ri
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                            UNPUBLISHED

                   UNITED STATES COURT OF APPEALS
                       FOR THE FOURTH CIRCUIT


                            No. 07-6857



UNITED STATES OF AMERICA,

                                               Plaintiff - Appellee,

          versus


RICHARD DOYLE HUDSON,

                                            Defendant - Appellant.



Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte.    Lacy H. Thornburg,
District Judge. (3:03-cr-00028; 3:06-cv-00494)


Submitted:   January 22, 2008              Decided:   April 8, 2008


Before WILKINSON, MICHAEL, and DUNCAN, Circuit Judges.


Dismissed by unpublished per curiam opinion.


Richard Doyle Hudson, Appellant Pro Se.


Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:

           Richard Doyle Hudson seeks to appeal the district court’s

order denying relief on his 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     any

assessment of the constitutional claims by the district court is

debatable or wrong and that any dispositive procedural ruling by

the district court is likewise debatable.        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
, 683-84 (4th Cir. 2001).          We have

independently reviewed the record and conclude that Hudson has not

made the requisite showing.     Accordingly, we deny Hudson’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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Source:  CourtListener

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