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Appeal Dismissal: Joell A. Lewis Case

This document summarizes a United States Court of Appeals case. The court dismissed an appeal from Joell Lewis, who sought to appeal the district court's denial of his 28 U.S.C. § 2255 motion. The court cannot hear an appeal of such an order unless it issues a certificate of appealability. However, after reviewing the case, the court determined that Lewis did not make the requisite showing to demonstrate the denial of a constitutional right. Therefore, the court denied the certificate of appealability and dismissed the appeal.

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29 views2 pages

Appeal Dismissal: Joell A. Lewis Case

This document summarizes a United States Court of Appeals case. The court dismissed an appeal from Joell Lewis, who sought to appeal the district court's denial of his 28 U.S.C. § 2255 motion. The court cannot hear an appeal of such an order unless it issues a certificate of appealability. However, after reviewing the case, the court determined that Lewis did not make the requisite showing to demonstrate the denial of a constitutional right. Therefore, the court denied the certificate of appealability and dismissed the appeal.

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© Public Domain
We take content rights seriously. If you suspect this is your content, claim it here.
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UNPUBLISHED

UNITED STATES COURT OF APPEALS


FOR THE FOURTH CIRCUIT

No. 07-6751

UNITED STATES OF AMERICA,


Plaintiff - Appellee,
versus
JOELL A. LEWIS,
Defendant - Appellant.

Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte.
Frank D. Whitney,
District Judge. (3:03-cr-00151-3; 3:07-cv-00099)

Submitted:

September 13, 2007

Decided:

September 19, 2007

Before GREGORY and DUNCAN, Circuit Judges, and WILKINS, Senior


Circuit Judge.

Dismissed by unpublished per curiam opinion.

Joell A. Lewis, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:
Joell A. Lewis seeks to appeal the district courts order
denying relief on his 28 U.S.C. 2255 (2000) motion.
not

appealable

unless

circuit

certificate of appealability.

justice

or

The order is

judge

issues

28 U.S.C. 2253(c)(1) (2000).

certificate of appealability will not issue absent a substantial


showing of the denial of a constitutional right.

2253(c)(2)

demonstrating

(2000).
that

prisoner

reasonable

satisfies

jurists

would

this

28 U.S.C.
standard

find

that

by
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 (2003); Slack v. McDaniel, 529 U.S. 473, 484
(2000); Rose v. Lee, 252 F.3d 676, 683-84 (4th Cir. 2001).

We have

independently reviewed the record and conclude that Lewis 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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