United States v. Horton

Fourth Circuit

United States v. Horton

174 F. App'x 776

Procedural entryThis page is a short order in United States v. Horton. Read the opinion of the Court — 71 F. App'x 254 →

Court of Appeals for the Fourth Circuit·Decided April 7, 2006·No. 05-7760, 05-7863, 05-7966·Unpublished

Opinion

PER CURIAM:

Willie Horton seeks to appeal three district court orders dismissing as untimely his three motions filed pursuant to Fed. R.Civ.P. 60(b). The orders are not appeal-able 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, 368-69, 374 n.7 (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) (2000). A prisoner satisfies this standard by demonstrating that reasonable jurists would find that his constitutional claims are debatable and that any dispositive procedural ruling by the district court is likewise debatable. Miller-El v. Cockrell, 537 U.S. 322, 336, 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, 684 (4th Cir.2001). We have independently reviewed the record and conclude that Horton has not made the requisite showing.

Finally, in accordance with United States v. Winestock, 340 F.3d 200, 208 (4th Cir.2003), we construe Horton’s notices of appeal and informal brief as a motion for authorization under 28 U.S.C. § 2244 (2000), to file a successive habeas corpus motion. To obtain permission to bring a second or successive § 2255 motion, a movant must show that his claim: (1) “re *777 lies on a new rule of constitutional law, made retroactive to cases on collateral review by the Supreme Court, that was previously unavailable” or (2) relies on newly discovered facts that tend to establish the movant’s innocence. 28 U.S.C. § 2244. We conclude that Horton has not satisfied either standard.

Accordingly, we deny Horton’s implicit application for leave to file a successive § 2255 motion, deny his motions for the appointment of counsel filed in Appeal Nos. 05-7760 and 05-7863, deny Horton’s motions for a certificate of appealability, and dismiss the appeals. 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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PER CURIAM:

Willie Horton seeks to appeal three district court orders dismissing as untimely his three motions filed pursuant to Fed. R.Civ.P. 60(b). The orders are not appeal-able 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, 368-69, 374 n.7 (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) (2000). A prisoner satisfies this standard by demonstrating that reasonable jurists would find that his constitutional claims are debatable and that any dispositive procedural ruling by the district court is likewise debatable. Miller-El v. Cockrell, 537 U.S. 322, 336, 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, 684 (4th Cir.2001). We have independently reviewed the record and conclude that Horton has not made the requisite showing.

Finally, in accordance with United States v. Winestock, 340 F.3d 200, 208 (4th Cir.2003), we construe Horton’s notices of appeal and informal brief as a motion for authorization under 28 U.S.C. § 2244 (2000), to file a successive habeas corpus motion. To obtain permission to bring a second or successive § 2255 motion, a movant must show that his claim: (1) “re *777 lies on a new rule of constitutional law, made retroactive to cases on collateral review by the Supreme Court, that was previously unavailable” or (2) relies on newly discovered facts that tend to establish the movant’s innocence. 28 U.S.C. § 2244. We conclude that Horton has not satisfied either standard.

Accordingly, we deny Horton’s implicit application for leave to file a successive § 2255 motion, deny his motions for the appointment of counsel filed in Appeal Nos. 05-7760 and 05-7863, deny Horton’s motions for a certificate of appealability, and dismiss the appeals. 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

United States v. Horton, 174 F. App'x 776 (4th Cir. 2006).

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