Scribd Logo
Upload

Welcome to Scribd!

  • 9 views

    United States v. Windell Hicks, 4th Cir. (2014)

    Uploaded by

    Scribd Government Docs
    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing Windell Norwood Hicks' appeal of the district court's denial of his 28 U.S.C. § 2255 motion. The court of appeals independently reviewed the record and determined that Hicks did not make a substantial showing of the denial of a constitutional right as required to issue a certificate of appealability. As such, the court dismissed Hicks' appeal.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd

    United States v. Windell Hicks, 4th Cir. (2014)

    Uploaded by

    Scribd Government Docs
    9 views3 pages
    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing Windell Norwood Hicks' appeal of the district court's denial of his 28 U.S.C. § 2255 motion. The court of appeals independently reviewed the record and determined that Hicks did not make a substantial showing of the denial of a constitutional right as required to issue a certificate of appealability. As such, the court dismissed Hicks' appeal.

    Original Description:

    Filed: 2014-11-20 Precedential Status: Non-Precedential Docket: 14-6811

    Copyright

    © Public Domain

    Available Formats

    PDF or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing Windell Norwood Hicks' appeal of the district court's denial of his 28 U.S.C. § 2255 motion. The court of appeals independently reviewed the record and determined that Hicks did not make a substantial showing of the denial of a constitutional right as required to issue a certificate of appealability. As such, the court dismissed Hicks' appeal.

    Copyright:

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

    United States v. Windell Hicks, 4th Cir. (2014)

    Uploaded by

    Scribd Government Docs
    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing Windell Norwood Hicks' appeal of the district court's denial of his 28 U.S.C. § 2255 motion. The court of appeals independently reviewed the record and determined that Hicks did not make a substantial showing of the denial of a constitutional right as required to issue a certificate of appealability. As such, the court dismissed Hicks' appeal.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Download as pdf
    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 14-6811

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    v.
    WINDELL NORWOOD HICKS, a/k/a Fly Hicks,
    Defendant - Appellant.

    Appeal from the United States District Court for the Eastern
    District of North Carolina, at Wilmington. Louise W. Flanagan,
    District Judge. (7:09-cr-00009-FL-1; 7:12-cv-00116-FL)

    Submitted:

    November 18, 2014

    Decided:

    November 20, 2014

    Before NIEMEYER, MOTZ, and GREGORY, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Windell Norwood Hicks, Appellant Pro Se.


    Stephen Aubrey West,
    Assistant United States Attorney, Michael Gordon James, Shailika
    K. Kotiya, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North
    Carolina, for Appellee.
    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Windell
    courts

    order

    Norwood

    accepting

    Hicks
    the

    seeks

    to

    appeal

    recommendation

    of

    the

    the

    district

    magistrate

    judge and denying relief on his 28 U.S.C. 2255 (2012) motion.


    The order is not appealable unless a circuit justice or judge
    issues

    certificate

    2253(c)(1)(B) (2012).
    issue

    absent

    of

    appealability.

    U.S.C.

    A certificate of appealability will not

    substantial

    constitutional right.

    28

    showing

    of

    the

    denial

    28 U.S.C. 2253(c)(2) (2012).

    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.

    Slack,

    529 U.S. at 484-85.


    We have independently reviewed the record and conclude
    that Hicks has not made the requisite showing.

    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

    this court and argument would not aid the decisional process.

    DISMISSED

    You might also like