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United States v. Hassan Hines, 4th Cir. (2012)

This document summarizes a United States Court of Appeals case. The court dismissed an appeal from Hassan Genell Hines, who sought to appeal orders from the district court denying his 28 U.S.C. § 2255 motion and motion for reconsideration. The court did not issue a certificate of appealability, which is required to appeal such orders. The court independently reviewed the record and determined that Hines did not make the requisite showing to warrant a certificate. Therefore, the court denied the certificate and dismissed the appeal.

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23 views3 pages

United States v. Hassan Hines, 4th Cir. (2012)

This document summarizes a United States Court of Appeals case. The court dismissed an appeal from Hassan Genell Hines, who sought to appeal orders from the district court denying his 28 U.S.C. § 2255 motion and motion for reconsideration. The court did not issue a certificate of appealability, which is required to appeal such orders. The court independently reviewed the record and determined that Hines did not make the requisite showing to warrant a certificate. Therefore, the court denied the certificate and dismissed the appeal.

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UNPUBLISHED

UNITED STATES COURT OF APPEALS


FOR THE FOURTH CIRCUIT

No. 12-6272

UNITED STATES OF AMERICA,


Plaintiff Appellee,
v.
HASSAN GENELL HINES,
Defendant - Appellant.

Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh.
Terrence W. Boyle,
District Judge. (5:07-cr-00323-BO-1; 5:11-cv-00337-BO)

Submitted:

April 26, 2012

Decided:

May 1, 2012

Before GREGORY, AGEE, and WYNN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Hassan Genell Hines, Appellant Pro Se. Jennifer P. May-Parker,


Assistant United States Attorney, Raleigh, North Carolina, for
Appellee.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:
Hassan

Genell

Hines

seeks

to

appeal

the

district

courts orders denying his 28 U.S.C.A. 2255 (West Supp. 2011)


motion

and

appealable

denying
unless

reconsideration.
a

circuit

certificate of appealability.
A certificate

of

justice

The

orders

or

judge

are

not

issues

28 U.S.C. 2253(c)(1)(B) (2006).

appealability

will

not

issue

absent

substantial showing of the denial of a constitutional right.


28 U.S.C. 2253(c)(2) (2006).
relief

on

the

demonstrating
district

merits,
that

courts

debatable

or

When the district court denies

prisoner

reasonable

assessment

wrong.

satisfies

jurists

would

of

the

v.

McDaniel,

Slack

this

standard

find

constitutional
529

U.S.

by

that

the

claims

is

473,

484

(2000); see Miller-El v. Cockrell, 537 U.S. 322, 336-38 (2003).


When the district court denies relief on procedural grounds, the
prisoner must demonstrate both that the dispositive procedural
ruling

is

debatable,

and

that

the

motion

states

claim of the denial of a constitutional right.

debatable

Slack, 529 U.S.

at 484-85.
We have independently reviewed the record and conclude
that Hines has not made the requisite showing.

Accordingly, we

deny a certificate of appealability and dismiss the appeal.


dispense

with

oral

argument

because

the

facts

and

We

legal

contentions are adequately presented in the materials before the


court and argument would not aid the decisional process.

DISMISSED

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