United States v. Dantzler

137 F. App'x 602

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 05-6335

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

HARRY L. DANTZLER,

Defendant - Appellant.

Appeal from the United States District Court for the District of South Carolina, at Charleston. David C. Norton, District Judge. (CR-331; CA-03-2809)

Submitted: June 23, 2005 Decided: June 30, 2005

Before WIDENER, MICHAEL, and TRAXLER, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Harry L. Dantzler, Appellant Pro Se. Michael Rhett DeHart, Assistant United States Attorney, Charleston, South Carolina; John Michael Barton, OFFICE OF THE UNITED STATES ATTORNEY, Columbia, South Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM:

Harry L. Dantzler seeks to appeal the district court’s order

denying his motion to reconsider a prior order denying relief on his 28

U.S.C. § 2255 (2000) motion. An appeal may not be taken from the final

order in a habeas proceeding unless a circuit justice or judge issues

a certificate of appealability. 28 U.S.C. § 2253(c)(1) (2000); Reid v.

Angelone, 369 F.3d 363, 370 (4th Cir. 2004) (applying the COA

requirement to appellate review of the denial of a Fed. R. Civ. P.

60(b) motion). A certificate of appealability will not issue for

claims addressed by a district court 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 the district court’s assessment of his

constitutional claims is debatable and that any dispositive procedural

rulings by the district court are also debatable or wrong. See

Miller-El v. Cockrell, 537 U.S. 322, 336 (2003); Slack v. McDaniel, 529

U.S. 473, 484 (2000); Rose v. Lee, 252 F.3d 676, 683 (4th Cir. 2001).

We have independently reviewed the record and conclude that Dantzler

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

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