US v. Duncan, No. 07-6142 (4th Cir. 2007)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 07-6142 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus BOBBI DUNCAN, a/k/a Nee Nee, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. James R. Spencer, Chief District Judge. (3:02-cv-00378-JRS; 3:06-cv-00076-JRS) Submitted: May 10, 2007 Decided: May 15, 2007 Before MOTZ and DUNCAN, Circuit Judges, and HAMILTON, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Bobbi Duncan, Appellant Pro Se. Laura C. Marshall, OFFICE OF THE UNITED STATES ATTORNEY, Richmond, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Bobbi Duncan has filed a motion for certificate of appealability in regard to the district court s denial of her 28 U.S.C. § 2255 (2000) motion. not issue absent a constitutional right. A certificate of appealability will substantial showing of the denial 28 U.S.C. § 2253(c)(2) (2000). of a 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 Duncan has not made the requisite showing. Accordingly, we deny her motion for a certificate of appealability and dismiss the appeal. We dispense with oral argument because the facts and materials legal before contentions the court are adequately and argument presented would not in the aid the decisional process. DISMISSED - 2 -

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