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U.S. v. Pritchett

United States Court of Appeals, Fourth Circuit
Jul 19, 2007
234 F. App'x 114 (4th Cir. 2007)

Opinion

No. 06-7601.

Submitted: June 20, 2007.

Decided: July 19, 2007.

Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. James C. Fox, Senior District Judge. (5:03-cr-314-F; 5:05-cv-351-F).

Howard O. Kieffer, Federal Defense Associates, Santa Ana, California, for Appellant. Rudolf A. Renfer, Jr., Assistant United States Attorney, Raleigh, North Carolina, for Appellee.

Before MOTZ and TRAXLER, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.


Jackie Dobson Pritchett seeks to appeal the district court's order denying relief on her 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, 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 Pritchett 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 materials before the court and argument would not aid the decisional process.

DISMISSED.


Summaries of

U.S. v. Pritchett

United States Court of Appeals, Fourth Circuit
Jul 19, 2007
234 F. App'x 114 (4th Cir. 2007)
Case details for

U.S. v. Pritchett

Case Details

Full title:UNITED STATES of America, Plaintiff-Appellee, v. Jackie Dobson PRITCHETT…

Court:United States Court of Appeals, Fourth Circuit

Date published: Jul 19, 2007

Citations

234 F. App'x 114 (4th Cir. 2007)