UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-8483
UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
THERESA JANE HEAD,
Defendant – Appellant.
Appeal from the United States District Court for the Western
District of Virginia, at Big Stone Gap. James P. Jones, Chief
District Judge. (2:05-cr-00026-jpj-mfu-1; 2:08-cv-80053-jpj-
mfu)
Submitted: February 19, 2009 Decided: February 27, 2009
Before WILKINSON, DUNCAN, and AGEE, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Theresa Jane Head, Appellant Pro Se. Zachary T. Lee, Assistant
United States Attorney, Abingdon, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Theresa Jane Head seeks to appeal the district court’s
order denying relief on her 28 U.S.C.A. § 2255 (West 2006
& Supp. 2008) motion. The order is not appealable 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 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 Head has not
made the requisite showing. Accordingly, we deny a certificate
of appealability and dismiss the appeal. We also deny Head’s
motion to appoint counsel. 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