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    United States v. Lance Whitaker, 4th Cir. (2011)

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    This document summarizes a United States Court of Appeals case. Lance Whitaker appealed the district court's denial of his 28 U.S.C. § 2255 motion. The appeals court denied Whitaker's request for a certificate of appealability, which is required to appeal the denial of a § 2255 motion. The court concluded that Whitaker did not make the necessary showing that his constitutional rights were denied. As a result, the court dismissed Whitaker's appeal without oral argument.

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    United States v. Lance Whitaker, 4th Cir. (2011)

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    This document summarizes a United States Court of Appeals case. Lance Whitaker appealed the district court's denial of his 28 U.S.C. § 2255 motion. The appeals court denied Whitaker's request for a certificate of appealability, which is required to appeal the denial of a § 2255 motion. The court concluded that Whitaker did not make the necessary showing that his constitutional rights were denied. As a result, the court dismissed Whitaker's appeal without oral argument.

    Original Description:

    Filed: 2011-12-30 Precedential Status: Non-Precedential Docket: 11-7182

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    This document summarizes a United States Court of Appeals case. Lance Whitaker appealed the district court's denial of his 28 U.S.C. § 2255 motion. The appeals court denied Whitaker's request for a certificate of appealability, which is required to appeal the denial of a § 2255 motion. The court concluded that Whitaker did not make the necessary showing that his constitutional rights were denied. As a result, the court dismissed Whitaker's appeal without oral argument.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Download as pdf
    10 views3 pages

    United States v. Lance Whitaker, 4th Cir. (2011)

    Uploaded by

    Scribd Government Docs
    This document summarizes a United States Court of Appeals case. Lance Whitaker appealed the district court's denial of his 28 U.S.C. § 2255 motion. The appeals court denied Whitaker's request for a certificate of appealability, which is required to appeal the denial of a § 2255 motion. The court concluded that Whitaker did not make the necessary showing that his constitutional rights were denied. As a result, the court dismissed Whitaker's appeal without oral argument.

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    of 3

    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 courts
    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

    certificate

    2253(c)(1)(B) (2006).
    issue

    absent

    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

    When the

    district court denies relief on the merits, a prisoner satisfies


    this

    standard

    by

    demonstrating

    that

    reasonable

    jurists

    would

    find that the district courts 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

    before

    the

    court

    and

    argument

    would

    not

    aid

    the

    decisional

    process.
    DISMISSED

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