US v. Leftwich, No. 06-7306 (4th Cir. 2007)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 06-7306 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus COREY MICHAEL LEFTWICH, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of North Carolina, at Greenville. Malcolm J. Howard, Senior District Judge. (4:00-cr-00037-H; 4:04-cv-10-H) Submitted: March 21, 2007 Decided: April 10, 2007 Before NIEMEYER, TRAXLER, and SHEDD, Circuit Judges. Dismissed by unpublished per curiam opinion. Corey Michael Leftwich, Appellant Pro Se. Raleigh, North Carolina, for Appellee. Mary Jude Darrow, Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Corey Michael Leftwich seeks to appeal the district court s order denying his Fed. R. Civ. P. 60(b) motion for reconsideration of the district court s prior order dismissing his 28 U.S.C. § 2255 (2000) motion as untimely filed. The order is not appealable 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, 369 (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 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, 68384 (4th Cir. 2001). conclude that We have independently reviewed the record and Leftwich 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 - 2 -

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