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United States v. Whitaker, 4th Cir. (2005)

This document is a court order from the United States Court of Appeals for the Fourth Circuit dismissing Martell Whitaker's appeal of a district court's denial of his 28 U.S.C. § 2255 motion. The court independently reviewed the record and concluded that Whitaker did not make the requisite showing to warrant a certificate of appealability, namely demonstrating that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong or that any procedural rulings were debatable or wrong. Therefore, the court denied a certificate of appealability and dismissed the appeal.

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19 views2 pages

United States v. Whitaker, 4th Cir. (2005)

This document is a court order from the United States Court of Appeals for the Fourth Circuit dismissing Martell Whitaker's appeal of a district court's denial of his 28 U.S.C. § 2255 motion. The court independently reviewed the record and concluded that Whitaker did not make the requisite showing to warrant a certificate of appealability, namely demonstrating that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong or that any procedural rulings were debatable or wrong. Therefore, the court denied a certificate of appealability and dismissed the appeal.

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UNPUBLISHED

UNITED STATES COURT OF APPEALS


FOR THE FOURTH CIRCUIT

No. 04-7472

UNITED STATES OF AMERICA,


Plaintiff - Appellee,
versus
MARTELL WHITAKER,
Defendant - Appellant.

Appeal from the United States District Court for the District of
South Carolina, at Rock Hill. C. Weston Houck, Senior District
Judge. (CR-98-1016; CA-01-3207)

Submitted:

June 30, 2005

Decided:

July 20, 2005

Before MICHAEL, MOTZ, and KING, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Martell Whitaker, Appellant Pro Se. Jane Barrett Taylor, 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Unpublished opinions are not binding precedent in this circuit.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:
Martell Whitaker, a federal prisoner, seeks to appeal the
district courts order denying relief on his motion filed under 28
U.S.C. 2255 (2000).

An appeal may not be taken from the final

order in a 2255 proceeding unless a circuit justice or judge


issues a certificate of appealability.
(2000).

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

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 both that the district courts assessment of his
constitutional

claims

is

debatable

or

wrong

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-

38 (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 Whitaker has not made the
requisite

showing.

Accordingly,

we

appealability and dismiss the appeal.

deny

certificate

of

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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