Filed: May 28, 2010
Latest Update: Feb. 21, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-6351 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. CURTIS L. SCHOOLFIELD, a/k/a Smoosh, Defendant - Appellant. Appeal from the United States District Court for the District of Maryland, at Baltimore. J. Frederick Motz, District Judge. (1:07-cr-00103-JFM-1; 1:09-cv-01453-JFM) Submitted: May 20, 2010 Decided: May 28, 2010 Before WILKINSON, NIEMEYER, and DAVIS, Circuit Judges. Dismissed by unpublished per curiam opinion.
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-6351 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. CURTIS L. SCHOOLFIELD, a/k/a Smoosh, Defendant - Appellant. Appeal from the United States District Court for the District of Maryland, at Baltimore. J. Frederick Motz, District Judge. (1:07-cr-00103-JFM-1; 1:09-cv-01453-JFM) Submitted: May 20, 2010 Decided: May 28, 2010 Before WILKINSON, NIEMEYER, and DAVIS, Circuit Judges. Dismissed by unpublished per curiam opinion. C..
More
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 10-6351
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
CURTIS L. SCHOOLFIELD, a/k/a Smoosh,
Defendant - Appellant.
Appeal from the United States District Court for the District of
Maryland, at Baltimore. J. Frederick Motz, District Judge.
(1:07-cr-00103-JFM-1; 1:09-cv-01453-JFM)
Submitted: May 20, 2010 Decided: May 28, 2010
Before WILKINSON, NIEMEYER, and DAVIS, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Curtis L. Schoolfield, Appellant Pro Se. Michael Clayton
Hanlon, Assistant United States Attorney, Thiruvendran
Vignarajah, OFFICE OF THE UNITED STATES ATTORNEY, Baltimore,
Maryland, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Curtis L. Schoolfield seeks to appeal the district
court’s order denying relief on his 28 U.S.C.A. § 2255 (West
Supp. 2009) motion. The order is not appealable unless a
circuit justice or judge issues a certificate of appealability.
28 U.S.C. § 2253(c)(1) (2006). 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) (2006). When the
district court denies relief on the merits, a prisoner satisfies
this standard by demonstrating that reasonable jurists would
find that the district court’s assessment of the constitutional
claims is debatable or wrong. Slack v. McDaniel,
529 U.S. 473,
484 (2000); see Miller-El v. Cockrell,
537 U.S. 322, 336-38
(2003). When the district court denies relief on procedural
grounds, the prisoner must demonstrate both that the dispositive
procedural ruling is debatable, and that the motion states a
debatable claim of the denial of a constitutional right.
Slack,
529 U.S. at 484-85. We have independently reviewed the record
and conclude that Schoolfield 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
2
materials before the court and argument would not aid the
decisional process.
DISMISSED
3