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    United States v. Kokoski, 4th Cir. (2006)

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    1) Michael Allen Kokoski sought to appeal a district court's order denying relief on his motion filed under 28 U.S.C. § 2255, which allows prisoners to challenge their sentences. 2) An appeal cannot be taken from a final order in a § 2255 proceeding unless a circuit judge issues a certificate of appealability, finding that reasonable jurists could debate whether the petition states valid constitutional claims. 3) The circuit court independently reviewed the record and found Kokoski did not make the required showing. It therefore denied a certificate of appealability and dismissed the appeal.

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    United States v. Kokoski, 4th Cir. (2006)

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    1) Michael Allen Kokoski sought to appeal a district court's order denying relief on his motion filed under 28 U.S.C. § 2255, which allows prisoners to challenge their sentences. 2) An appeal cannot be taken from a final order in a § 2255 proceeding unless a circuit judge issues a certificate of appealability, finding that reasonable jurists could debate whether the petition states valid constitutional claims. 3) The circuit court independently reviewed the record and found Kokoski did not make the required showing. It therefore denied a certificate of appealability and dismissed the appeal.

    Original Description:

    Filed: 2006-03-30 Precedential Status: Non-Precedential Docket: 05-6941

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    1) Michael Allen Kokoski sought to appeal a district court's order denying relief on his motion filed under 28 U.S.C. § 2255, which allows prisoners to challenge their sentences. 2) An appeal cannot be taken from a final order in a § 2255 proceeding unless a circuit judge issues a certificate of appealability, finding that reasonable jurists could debate whether the petition states valid constitutional claims. 3) The circuit court independently reviewed the record and found Kokoski did not make the required showing. It therefore denied a certificate of appealability and dismissed the appeal.

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    United States v. Kokoski, 4th Cir. (2006)

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    1) Michael Allen Kokoski sought to appeal a district court's order denying relief on his motion filed under 28 U.S.C. § 2255, which allows prisoners to challenge their sentences. 2) An appeal cannot be taken from a final order in a § 2255 proceeding unless a circuit judge issues a certificate of appealability, finding that reasonable jurists could debate whether the petition states valid constitutional claims. 3) The circuit court independently reviewed the record and found Kokoski did not make the required showing. It therefore denied a certificate of appealability and dismissed the appeal.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 05-6941

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    versus
    MICHAEL ALLEN KOKOSKI,
    Defendant - Appellant.

    Appeal from the United States District Court for the Southern
    District of West Virginia, at Beckley.
    Robert C. Chambers,
    District Judge. (CR-96-64; CA-02-79-5)

    Submitted:

    March 17, 2006

    Decided:

    March 30, 2006

    Before WILKINSON, MICHAEL, and SHEDD, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Michael Allen Kokoski, Appellant Pro Se.


    Michael Lee Keller,
    OFFICE OF THE UNITED STATES ATTORNEY, Charleston, West Virginia,
    John Lanier File, OFFICE OF THE UNITED STATES ATTORNEY, Beckley,
    West Virginia, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Michael
    courts

    order

    Allen

    accepting

    Kokoski
    the

    seeks

    report

    to
    and

    appeal

    the

    district

    recommendation

    of

    magistrate judge and denying relief on his motion filed under 28


    U.S.C. 2255 (2000).

    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 for claims

    addressed by a district court 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 Kokoski has not made the
    requisite

    showing.

    Accordingly,

    we

    appealability and dismiss the appeal.

    deny

    certificate

    of

    We also deny Kokoskis

    motions to amend the caption and for immediate release on bail.

    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 -

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