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    United States v. David Worrell, 4th Cir. (2011)

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    This document summarizes a United States Court of Appeals case. David Worrell sought to appeal a district court order denying his motion to reopen his 28 U.S.C. § 2255 proceedings. The appeals court independently reviewed the record and concluded that Worrell did not make the requisite showing to justify issuing a certificate of appealability. As such, the court denied the certificate of appealability and dismissed the appeal without oral argument.

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    United States v. David Worrell, 4th Cir. (2011)

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    This document summarizes a United States Court of Appeals case. David Worrell sought to appeal a district court order denying his motion to reopen his 28 U.S.C. § 2255 proceedings. The appeals court independently reviewed the record and concluded that Worrell did not make the requisite showing to justify issuing a certificate of appealability. As such, the court denied the certificate of appealability and dismissed the appeal without oral argument.

    Original Description:

    Filed: 2011-12-15 Precedential Status: Non-Precedential Docket: 11-7244

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    This document summarizes a United States Court of Appeals case. David Worrell sought to appeal a district court order denying his motion to reopen his 28 U.S.C. § 2255 proceedings. The appeals court independently reviewed the record and concluded that Worrell did not make the requisite showing to justify issuing a certificate of appealability. As such, the court denied the certificate of appealability and dismissed the appeal without oral argument.

    Copyright:

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

    United States v. David Worrell, 4th Cir. (2011)

    Uploaded by

    Scribd Government Docs
    This document summarizes a United States Court of Appeals case. David Worrell sought to appeal a district court order denying his motion to reopen his 28 U.S.C. § 2255 proceedings. The appeals court independently reviewed the record and concluded that Worrell did not make the requisite showing to justify issuing a certificate of appealability. As such, the court denied the certificate of appealability and dismissed the appeal without oral argument.

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    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 11-7244

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    v.
    DAVID ISSAC WORRELL, a/k/a David Patrick Worrell,
    Defendant - Appellant.

    Appeal from the United States District Court for the Eastern
    District of North Carolina, at Raleigh.
    Malcolm J. Howard,
    Senior District Judge. (4:03-cr-00049-H-1)

    Submitted:

    December 7, 2011

    Before SHEDD and


    Circuit Judge.

    AGEE,

    Circuit

    Decided:

    Judges,

    and

    December 15, 2011

    HAMILTON,

    Senior

    Dismissed by unpublished per curiam opinion.

    David Issac Worrell, Appellant Pro Se. Jennifer P. May-Parker,


    Assistant United States Attorney, Raleigh, North Carolina, for
    Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    David

    Worrell

    seeks

    to

    appeal

    the

    district

    courts

    order denying his motion to reopen his 28 U.S.C.A. 2255 (West


    Supp. 2011) motion proceedings.
    unless

    circuit

    appealability.

    justice

    or

    The order is not appealable

    judge

    issues

    certificate

    28 U.S.C. 2253(c)(1)(B) (2006).

    of

    A 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

    on

    both

    procedural

    that

    the

    When the district court

    grounds,

    dispositive

    the

    prisoner

    procedural

    must

    ruling

    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

    Worrell has not made the requisite showing.

    and

    conclude

    that

    Accordingly, we

    deny a certificate of appealability and dismiss the appeal.


    dispense

    with

    oral

    argument

    because

    the

    facts

    and

    We

    legal

    contentions are adequately presented in the materials before the


    court and argument would not aid the decisional process.
    DISMISSED

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