U.S. v. WILLIAMS, 12-7953. (2013)
Court: Court of Appeals for the Fourth Circuit
Number: infco20130610098
Visitors: 14
Filed: Jun. 10, 2013
Latest Update: Jun. 10, 2013
Summary: UNPUBLISHED Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Roderick Lamar Williams seeks to appeal the district court's orders denying relief on his 28 U.S.C.A. 2255 (West Supp. 2012) motion and denying his motion to alter or amend that judgment. See Fed. R. Civ. P. 59(e). These orders are not appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. 2253(c)(1)(B) (2006); Reid v. Angelone, 369 F.3d 363 , 369 (4th Cir.
Summary: UNPUBLISHED Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Roderick Lamar Williams seeks to appeal the district court's orders denying relief on his 28 U.S.C.A. 2255 (West Supp. 2012) motion and denying his motion to alter or amend that judgment. See Fed. R. Civ. P. 59(e). These orders are not appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. 2253(c)(1)(B) (2006); Reid v. Angelone, 369 F.3d 363 , 369 (4th Cir. ..
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UNPUBLISHED
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Roderick Lamar Williams seeks to appeal the district court's orders denying relief on his 28 U.S.C.A. § 2255 (West Supp. 2012) motion and denying his motion to alter or amend that judgment. See Fed. R. Civ. P. 59(e). These orders are not appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1)(B) (2006); Reid v. Angelone, 369 F.3d 363, 369 (4th Cir. 2004). 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).
We have independently reviewed the record and conclude that Williams has not made the requisite showing. Accordingly, we deny Williams' motion to place this appeal in abeyance, deny his motion to supplement his request for a certificate of appealability, deny his motion for leave to file his motion to supplement, 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 this court and argument would not aid the decisional process.
DISMISSED.
Source: Leagle