US v. Thomas, No. 07-6131 (4th Cir. 2007)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 07-6131 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus JEROME THOMAS, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Louise W. Flanagan, Chief District Judge. (7:04-cr-00095-FL; 7:06-cv-00096-FL) Submitted: May 31, 2007 Decided: June 7, 2007 Before WILKINSON, TRAXLER, and GREGORY, Circuit Judges. Dismissed by unpublished per curiam opinion. Jerome Thomas, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Jerome Thomas seeks to appeal the district court s order denying relief on his 28 U.S.C. § 2255 (2000) motion. not appealable unless a circuit issues a 28 U.S.C. § 2253(c)(1) (2000). certificate of appealability. justice or The order is judge A certificate of appealability will not issue absent a substantial showing of the denial of a constitutional right. § 2253(c)(2) demonstrating (2000). that A 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 Thomas 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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