From Casetext: Smarter Legal Research

U.S. v. Kennedy

United States Court of Appeals, Fourth Circuit
Nov 26, 2007
255 F. App'x 717 (4th Cir. 2007)

Opinion

No. 07-7118.

Submitted: November 15, 2007.

Decided: November 26, 2007.

Appeal from the United States District Court for the District of South Carolina, at Greenville. Henry M. Herlong, Jr., District Judge. (6:05-cr-00815-HMH).

Michael Anthony Kennedy, Appellant Pro Se. Regan Alexandra Pendleton, Assistant United States Attorney, Greenville, South Carolina, for Appellee.

Before WILLIAMS, Chief Judge, and MOTZ and DUNCAN, Circuit Judges.

Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.


Michael Anthony Kennedy 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. See 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. See Miller-El v. Cockrell, 537 U.S. 322, 336-38, 123 S.Ct. 1029, 154 L.Ed.2d 931 (2003); Slack v. McDaniel, 529 U.S. 473, 484, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000); Rose v. Lee, 252 F.3d 676, 683-84 (4th Cir. 2001). We have independently reviewed the record and conclude that Kennedy has not made the requisite showing. Accordingly, we deny a certificate of appealability, deny leave to proceed in forma pauperis, 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.


Summaries of

U.S. v. Kennedy

United States Court of Appeals, Fourth Circuit
Nov 26, 2007
255 F. App'x 717 (4th Cir. 2007)
Case details for

U.S. v. Kennedy

Case Details

Full title:UNITED STATES of America, Plaintiff — Appellee, v. Michael Anthony…

Court:United States Court of Appeals, Fourth Circuit

Date published: Nov 26, 2007

Citations

255 F. App'x 717 (4th Cir. 2007)

Citing Cases

Kennedy v. United States

Michael Anthony KENNEDY, petitioner, v. UNITED STATES.Case below, 255 Fed.Appx. 717. Petition for writ of…