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    Sarratt v. United States, 4th Cir. (2005)

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    1) James Denard Sarratt, a federal prisoner, appealed the district court's denial of his 28 U.S.C. § 2255 motion. 2) An appeal from a denial of a § 2255 motion requires a certificate of appealability, which will only be granted if reasonable jurists could debate whether the prisoner was denied constitutional rights. 3) The Fourth Circuit Court of Appeals independently reviewed the record and determined that Sarratt did not make the requisite showing to receive a certificate of appealability. Therefore, the court dismissed Sarratt's appeal.

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    Sarratt v. United States, 4th Cir. (2005)

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    1) James Denard Sarratt, a federal prisoner, appealed the district court's denial of his 28 U.S.C. § 2255 motion. 2) An appeal from a denial of a § 2255 motion requires a certificate of appealability, which will only be granted if reasonable jurists could debate whether the prisoner was denied constitutional rights. 3) The Fourth Circuit Court of Appeals independently reviewed the record and determined that Sarratt did not make the requisite showing to receive a certificate of appealability. Therefore, the court dismissed Sarratt's appeal.

    Original Description:

    Filed: 2005-10-03 Precedential Status: Non-Precedential Docket: 05-6978

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    1) James Denard Sarratt, a federal prisoner, appealed the district court's denial of his 28 U.S.C. § 2255 motion. 2) An appeal from a denial of a § 2255 motion requires a certificate of appealability, which will only be granted if reasonable jurists could debate whether the prisoner was denied constitutional rights. 3) The Fourth Circuit Court of Appeals independently reviewed the record and determined that Sarratt did not make the requisite showing to receive a certificate of appealability. Therefore, the court dismissed Sarratt's appeal.

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    6 views2 pages

    Sarratt v. United States, 4th Cir. (2005)

    Uploaded by

    Scribd Government Docs
    1) James Denard Sarratt, a federal prisoner, appealed the district court's denial of his 28 U.S.C. § 2255 motion. 2) An appeal from a denial of a § 2255 motion requires a certificate of appealability, which will only be granted if reasonable jurists could debate whether the prisoner was denied constitutional rights. 3) The Fourth Circuit Court of Appeals independently reviewed the record and determined that Sarratt did not make the requisite showing to receive a certificate of appealability. Therefore, the court dismissed Sarratt's appeal.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 05-6978

    JAMES DENARD SARRATT,


    Plaintiff - Appellant,
    versus
    UNITED STATES OF AMERICA,
    Plaintiff - Appellee.

    Appeal from the United States District Court for the Western
    District of North Carolina, at Charlotte. Graham C. Mullen, Chief
    District Judge. (CR-01-137-8; CA-02-219-2-3)

    Submitted:

    September 27, 2005

    Decided:

    October 3, 2005

    Before LUTTIG, MOTZ, and DUNCAN, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    James Denard Sarratt, Appellant Pro Se. Brian Steven Cromwell,


    OFFICE OF THE UNITED STATES ATTORNEY, Charlotte, North Carolina,
    for Appellee.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    James Denard Sarratt, a federal prisoner, seeks to appeal
    the district courts order and judgment denying his 28 U.S.C.
    2255 (2000) motion.

    An appeal may not be taken from the final

    order in a 2255 proceeding 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
    constitutional

    that

    A prisoner satisfies this standard by

    reasonable

    claims

    are

    28

    jurists

    debatable

    would

    and

    that

    find
    any

    that

    his

    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 Sarratt has not made the requisite showing.
    Accordingly, we deny a certificate of appealability and
    dismiss the appeal.
    facts

    and

    materials

    legal
    before

    We dispense with oral argument because the

    contentions
    the

    court

    are

    adequately

    and

    argument

    presented

    would

    not

    in

    the

    aid

    the

    decisional process.
    DISMISSED

    - 2 -

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