United States v. Turner

268 F. App'x 230
Procedural entryThis page is a short order in United States v. Turner. Read the opinion of the Court — 241 F. App'x 168
Court of Appeals for the Fourth Circuit·Decided March 7, 2008·No. 07-7050, 07-7222·Unpublished

Opinion

PER CURIAM:

In these consolidated appeals, William Ivon Turner seeks to appeal the district court’s orders denying relief on his 28 U.S.C. § 2255 (2000) motion and denying his motions for reconsideration. The orders are not appealable unless a circuit justice or judge issues a certificate of ap-pealability. 28 U.S.C. § 2258(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 Turner has not made the requisite showing. Accordingly, we deny 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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United States v. Turner, 268 F. App'x 230 (4th Cir. 2008).

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Related

Slack v. McDaniel
529 U.S. 473 (Supreme Court, 2000)
Miller-El v. Cockrell
537 U.S. 322 (Supreme Court, 2003)
Rose v. Lee
252 F.3d 676 (Fourth Circuit, 2001)