Scribd Logo
Upload

Welcome to Scribd!

  • 9 views

    United States v. Doye, 4th Cir. (2006)

    Uploaded by

    Scribd Government Docs
    Irvin Sylvester Doye filed a motion under 28 U.S.C. § 2255, which was denied by the district court. He then filed a motion for a certificate of appealability, which was also denied. Doye appealed the denial of the certificate. The appellate court independently reviewed the record and determined that Doye did not make the requisite showing of the denial of a constitutional right needed for a certificate to issue. Therefore, the court denied the certificate of appealability and dismissed the appeal.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd

    United States v. Doye, 4th Cir. (2006)

    Uploaded by

    Scribd Government Docs
    9 views3 pages
    Irvin Sylvester Doye filed a motion under 28 U.S.C. § 2255, which was denied by the district court. He then filed a motion for a certificate of appealability, which was also denied. Doye appealed the denial of the certificate. The appellate court independently reviewed the record and determined that Doye did not make the requisite showing of the denial of a constitutional right needed for a certificate to issue. Therefore, the court denied the certificate of appealability and dismissed the appeal.

    Original Description:

    Filed: 2006-02-28 Precedential Status: Non-Precedential Docket: 05-6959

    Copyright

    © Public Domain

    Available Formats

    PDF or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Irvin Sylvester Doye filed a motion under 28 U.S.C. § 2255, which was denied by the district court. He then filed a motion for a certificate of appealability, which was also denied. Doye appealed the denial of the certificate. The appellate court independently reviewed the record and determined that Doye did not make the requisite showing of the denial of a constitutional right needed for a certificate to issue. Therefore, the court denied the certificate of appealability and dismissed the appeal.

    Copyright:

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

    United States v. Doye, 4th Cir. (2006)

    Uploaded by

    Scribd Government Docs
    Irvin Sylvester Doye filed a motion under 28 U.S.C. § 2255, which was denied by the district court. He then filed a motion for a certificate of appealability, which was also denied. Doye appealed the denial of the certificate. The appellate court independently reviewed the record and determined that Doye did not make the requisite showing of the denial of a constitutional right needed for a certificate to issue. Therefore, the court denied the certificate of appealability and dismissed the appeal.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Download as pdf
    You are on page 1of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 05-6959

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    versus
    IRVIN SYLVESTER DOYE,
    Defendant - Appellant.

    Appeal from the United States District Court for the District of
    Maryland, at Greenbelt. Alexander Williams, Jr., District Judge.
    (CR-03-22; CA-04-1959)

    Submitted:

    January 4, 2006

    Decided:

    February 28, 2006

    Before TRAXLER, KING, and DUNCAN, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Irvin Sylvester Doye, Appellant Pro Se. Stuart A. Berman, Assistant


    United States Attorney, Greenbelt, Maryland, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Irvin Sylvester Doye filed a motion under 28 U.S.C.
    2255 (2000), but did not appeal the district courts order
    denying that motion.
    certificate
    denied.*

    of

    Doye subsequently filed a motion for a

    appealability,

    which

    the

    district

    court

    also

    Doyle filed a timely notice of appeal from the district

    courts denial of his motion for a certificate of appealability.


    The order from which he seeks to appeal is not appealable unless a
    circuit justice or judge issues a certificate of appealability. 28
    U.S.C. 2253(c)(1) (2000); see Jones v. Braxton, 392 F.3d 683 (4th
    Cir. 2004).

    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 his


    constitutional

    claims

    are

    debatable

    and

    that

    any

    dispositive

    procedural rulings by the district court are also debatable or


    wrong.

    See 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 Doye has not made the requisite showing.
    Accordingly, we deny a certificate of appealability and dismiss the

    Doyes motion for a certificate of appealability cannot be


    construed as a notice of appeal from the district courts denial of
    his 2255 motion because it was not filed within the time limits
    allotted for filing a timely notice of appeal.
    - 2 -

    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

    - 3 -

    You might also like