UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-6380
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
JAMES CLAUDE BAILEY,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Newport News. Raymond A. Jackson,
District Judge. (CR-00-21; CA-02-93-4)
Submitted: July 18, 2005 Decided: August 10, 2005
Before LUTTIG and KING, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
James Claude Bailey, Appellant Pro Se. Michael R. Smythers,
Assistant United States Attorney, Norfolk, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
James Claude Bailey seeks to appeal the district court’s
order denying relief on his motion filed pursuant to Fed. R. Civ.
P. 60(b), seeking reconsideration of the denial of his 28 U.S.C.
§ 2255 (2000) motion. Because Bailey’s motion did not assert a
defect in the collateral review process itself, but rather reargued
the merits of his § 2255 motion based on new case law, the motion
was properly characterized a successive § 2255 motion under our
decision in United States v. Winestock, 340 F.3d 200, 207 (4th Cir.
2003). To appeal an order denying a Rule 60(b) motion in a habeas
action, Bailey must establish entitlement to a certificate of
appealability. See Reid v. Angelone, 369 F.3d 363, 368 (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 (4th Cir. 2001). We have independently reviewed the
record and conclude that Bailey has not made the requisite showing.
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Accordingly, we deny a certificate of appealability and dismiss the
appeal.
To the extent that Bailey’s notice of appeal and informal
brief could be construed as a motion for authorization to file a
successive § 2255 motion, we deny such authorization. See
Winestock, 340 F.3d at 208. We further deny Bailey’s motion for
leave to proceed in forma pauperis, motions to appoint CJA counsel,
and motion for release. We deny as moot his motion to expedite 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
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