US v. Downing, No. 07-6801 (4th Cir. 2007)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 07-6801 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus JAMES E. DOWNING, a/k/a Marcus Moultrie, a/k/a Rahmel Lyles, a/k/a Ramez Lyles, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of North Carolina, at New Bern. Malcolm J. Howard, Senior District Judge. (4:05-cr-00052-H; 4:06-cv-00184-H) Submitted: August 30, 2007 Decided: September 10, 2007 Before MICHAEL, KING, and SHEDD, Circuit Judges. Dismissed by unpublished per curiam opinion. James E. Downing, Appellant Pro Se. Steve R. Matheny, Kimberly Ann Moore, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: James E. Downing seeks to appeal the district court s orders denying subsequent his motion 28 U.S.C. for § 2255 (2000) motion and his The orders are not reconsideration. appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1) (2000). 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, 683-84 (4th Cir. 2001). record and showing. conclude and materials Downing has not made the requisite Accordingly, we deny a certificate of appealability and dismiss the appeal. facts that We have independently reviewed the legal before We dispense with oral argument because the contentions are adequately the and argument court presented would not in the aid the decisional process. DISMISSED - 2 -
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