United States v. McDonald

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 04-7102 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus RODDRICK KEMTRELL MCDONALD, Defendant - Appellant. Appeal from the United States District Court for the Western District of North Carolina, at Asheville. Richard L. Voorhees, District Judge. (CR-94-44; CA-00-77) Submitted: November 30, 2004 Decided: January 5, 2005 Before MICHAEL, MOTZ, and SHEDD, Circuit Judges. Dismissed by unpublished per curiam opinion. Roddrick Kemtrell McDonald, Appellant Pro Se. Thomas Richard Ascik, OFFICE OF THE UNITED STATES ATTORNEY, Asheville, North Carolina, Brian Lee Whisler, Assistant United States Attorney, Richmond, Virginia, for Appellee Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Roddrick Kemtrell McDonald, a federal prisoner, seeks to appeal the district court’s orders denying relief on his 28 U.S.C. § 2255 (2000) motion and motions for reconsideration. An appeal may not be taken from the final order in a habeas corpus proceeding unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1) (2000). 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 (2003); Slack v. McDaniel, 529 U.S. 473, 484 (2000); Rose v. Lee, 252 F.3d 676, 683 (4th Cir. 2001). We have independently reviewed the record and conclude that McDonald 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 -