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    United States v. Timothy Rhodes, 4th Cir. (2011)

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    This document summarizes a United States Court of Appeals case. Timothy Nicholas Rhodes appealed the district court's denial of his 28 U.S.C. § 2255 motion. The appeals court independently reviewed the record and determined that Rhodes did not make the requisite showing to receive a certificate of appealability. Specifically, Rhodes did not demonstrate that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong. As a result, the appeals court denied Rhodes' motion for a certificate of appealability and dismissed the appeal.

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    United States v. Timothy Rhodes, 4th Cir. (2011)

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    Scribd Government Docs
    39 views3 pages
    This document summarizes a United States Court of Appeals case. Timothy Nicholas Rhodes appealed the district court's denial of his 28 U.S.C. § 2255 motion. The appeals court independently reviewed the record and determined that Rhodes did not make the requisite showing to receive a certificate of appealability. Specifically, Rhodes did not demonstrate that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong. As a result, the appeals court denied Rhodes' motion for a certificate of appealability and dismissed the appeal.

    Original Description:

    Filed: 2011-07-06 Precedential Status: Non-Precedential Docket: 11-6212

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    This document summarizes a United States Court of Appeals case. Timothy Nicholas Rhodes appealed the district court's denial of his 28 U.S.C. § 2255 motion. The appeals court independently reviewed the record and determined that Rhodes did not make the requisite showing to receive a certificate of appealability. Specifically, Rhodes did not demonstrate that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong. As a result, the appeals court denied Rhodes' motion for a certificate of appealability and dismissed the appeal.

    Copyright:

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

    United States v. Timothy Rhodes, 4th Cir. (2011)

    Uploaded by

    Scribd Government Docs
    This document summarizes a United States Court of Appeals case. Timothy Nicholas Rhodes appealed the district court's denial of his 28 U.S.C. § 2255 motion. The appeals court independently reviewed the record and determined that Rhodes did not make the requisite showing to receive a certificate of appealability. Specifically, Rhodes did not demonstrate that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong. As a result, the appeals court denied Rhodes' motion for a certificate of appealability and dismissed the appeal.

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    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 11-6212

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    v.
    TIMOTHY NICHOLAS RHODES,
    Defendant - Appellant.

    Appeal from the United States District Court for the Eastern
    District of North Carolina, at Wilmington.
    Malcolm J. Howard,
    Senior District Judge. (7:04-cr-00082-H-4; 7:08-cv-00200-H)

    Submitted:

    June 30, 2011

    Decided:

    July 6, 2011

    Before WILKINSON, DUNCAN, and WYNN, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Timothy Nicholas Rhodes, Appellant Pro Se.


    Jennifer P. MayParker,
    Assistant
    United
    States
    Attorney,
    Raleigh,
    North
    Carolina, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Timothy Nicholas Rhodes seeks to appeal the district
    courts order denying relief on his 28 U.S.C.A. 2255 (West
    Supp.

    2010)

    motion.

    The

    order

    is

    not

    appealable

    unless

    circuit justice or judge issues a certificate of appealability.


    28

    U.S.C.

    2253(c)(1)(B)

    (2006).

    certificate

    of

    appealability will not issue absent a substantial showing of


    the denial of a constitutional right.
    (2006).

    28 U.S.C. 2253(c)(2)

    When the district court denies relief on the merits, a

    prisoner

    satisfies

    this

    jurists

    would

    reasonable

    standard
    find

    by

    that

    demonstrating

    the

    district

    that

    courts

    assessment of the constitutional claims is debatable or wrong.


    Slack v. McDaniel, 529 U.S. 473, 484 (2000); see Miller-El v.
    Cockrell, 537 U.S. 322, 336-38 (2003).
    denies

    relief

    demonstrate

    both

    on

    procedural

    that

    the

    When the district court

    grounds,

    dispositive

    the

    prisoner

    procedural

    ruling

    must
    is

    debatable, and that the motion states a debatable claim of the


    denial of a constitutional right.
    We

    have

    independently

    reviewed

    the

    Slack, 529 U.S. at 484-85.


    record

    Rhodes has not made the requisite showing.

    and

    conclude

    that

    Accordingly, we deny

    Rhodes motion for 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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