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    United States v. Foster, 4th Cir. (2008)

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    William Linwood Foster appealed the district court's denial of his 28 U.S.C. § 2255 motion. The Fourth Circuit Court of Appeals dismissed the appeal, as Foster did not obtain a certificate of appealability required under 28 U.S.C. § 2253(c)(1). To obtain such a certificate, Foster needed to demonstrate that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong, or that its procedural rulings were debatable, but the Fourth Circuit independently reviewed the record and concluded he did not make this requisite showing. Therefore, the Fourth Circuit denied the certificate of appealability and dismissed the appeal.

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    United States v. Foster, 4th Cir. (2008)

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    William Linwood Foster appealed the district court's denial of his 28 U.S.C. § 2255 motion. The Fourth Circuit Court of Appeals dismissed the appeal, as Foster did not obtain a certificate of appealability required under 28 U.S.C. § 2253(c)(1). To obtain such a certificate, Foster needed to demonstrate that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong, or that its procedural rulings were debatable, but the Fourth Circuit independently reviewed the record and concluded he did not make this requisite showing. Therefore, the Fourth Circuit denied the certificate of appealability and dismissed the appeal.

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    Filed: 2008-01-24 Precedential Status: Non-Precedential Docket: 07-7197

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    William Linwood Foster appealed the district court's denial of his 28 U.S.C. § 2255 motion. The Fourth Circuit Court of Appeals dismissed the appeal, as Foster did not obtain a certificate of appealability required under 28 U.S.C. § 2253(c)(1). To obtain such a certificate, Foster needed to demonstrate that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong, or that its procedural rulings were debatable, but the Fourth Circuit independently reviewed the record and concluded he did not make this requisite showing. Therefore, the Fourth Circuit denied the certificate of appealability and dismissed the appeal.

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    11 views2 pages

    United States v. Foster, 4th Cir. (2008)

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    Scribd Government Docs
    William Linwood Foster appealed the district court's denial of his 28 U.S.C. § 2255 motion. The Fourth Circuit Court of Appeals dismissed the appeal, as Foster did not obtain a certificate of appealability required under 28 U.S.C. § 2253(c)(1). To obtain such a certificate, Foster needed to demonstrate that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong, or that its procedural rulings were debatable, but the Fourth Circuit independently reviewed the record and concluded he did not make this requisite showing. Therefore, the Fourth Circuit denied the certificate of appealability and dismissed the appeal.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 07-7197

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    versus
    WILLIAM LINWOOD FOSTER,
    Defendant - Appellant.

    Appeal from the United States District Court for the District of
    Maryland, at Baltimore.
    J. Frederick Motz, District Judge.
    (1:03-cr-00462-JFM; 1:07-CV-00284)

    Submitted:

    January 17, 2008

    Decided:

    January 24, 2008

    Before TRAXLER, SHEDD, and DUNCAN, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    William Linwood Foster, Appellant Pro Se. Stephen Matthew


    Schenning, OFFICE OF THE UNITED STATES ATTORNEY, Baltimore,
    Maryland, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    William Linwood Foster seeks to appeal the district
    courts order denying relief on his 28 U.S.C. 2255 (2000) motion.
    The order is not appealable unless a circuit justice or judge
    issues a certificate of appealability.
    (2000).

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

    A certificate of appealability will not issue absent a

    substantial showing of the denial of a constitutional right.


    U.S.C. 2253(c)(2) (2000).
    demonstrating

    that

    28

    A prisoner satisfies this standard by

    reasonable

    jurists

    would

    find

    that

    any

    assessment of the constitutional claims by the district court is


    debatable or wrong and that any dispositive procedural ruling by
    the district court is likewise debatable.

    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 Foster 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

    - 2 -

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