US v. Lance Whitaker, No. 11-7182 (4th Cir. 2011)
Annotate this CaseCourt Description: Unpublished opinion after submission on briefs: Dismissed
Download PDF
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 11-7182 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. LANCE WHITAKER, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of North Carolina, at Greenville. James C. Dever III, District Judge. (4:09-cr-00091-D-1; 4:10-cv-00109-D) Submitted: December 21, 2011 Decided: December 30, 2011 Before MOTZ, GREGORY, and WYNN, Circuit Judges. Dismissed by unpublished per curiam opinion. Lance Whitaker, Appellant Pro Se. Edward D. Gray, Jennifer P. May-Parker, Assistant United States Attorneys, Raleigh, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Lance Whitaker seeks to appeal the district court s order denying relief on his 28 U.S.C.A. § 2255 (West Supp. 2011) motion. judge The order is not appealable unless a circuit justice or issues a certificate 2253(c)(1)(B) (2006). issue absent a of 28 U.S.C. § A certificate of appealability will not substantial constitutional right. appealability. showing of the denial 28 U.S.C. § 2253(c)(2) (2006). of a When the district court denies relief on the merits, a prisoner satisfies this standard by demonstrating that reasonable jurists would find that the district court s assessment of the constitutional claims is debatable or wrong. Slack v. McDaniel, 529 U.S. 473, 484 Cockrell, (2000); (2003). see Miller-El v. 537 U.S. 322, 336-38 When the district court denies relief on procedural grounds, the prisoner must demonstrate both that the dispositive procedural ruling is debatable, and that the motion states a debatable claim of the denial of a constitutional right. 529 U.S. at 484-85. Slack, We have independently reviewed the record and conclude that Whitaker 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 2 before the court and argument would not aid the decisional process. DISMISSED 3
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
