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    United States v. Littlejohn, 4th Cir. (2003)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing McKinley David Littlejohn's appeal of the district court's denial of his 28 U.S.C. § 2255 motion. The Fourth Circuit panel found that Littlejohn did not make the requisite showing to receive a certificate of appealability, which requires demonstrating the denial of a constitutional right or that any procedural rulings were debatable or wrong. As such, the Fourth Circuit denied the certificate of appealability and dismissed the appeal without oral argument.

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    United States v. Littlejohn, 4th Cir. (2003)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing McKinley David Littlejohn's appeal of the district court's denial of his 28 U.S.C. § 2255 motion. The Fourth Circuit panel found that Littlejohn did not make the requisite showing to receive a certificate of appealability, which requires demonstrating the denial of a constitutional right or that any procedural rulings were debatable or wrong. As such, the Fourth Circuit denied the certificate of appealability and dismissed the appeal without oral argument.

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    Filed: 2003-12-22 Precedential Status: Non-Precedential Docket: 03-7321

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing McKinley David Littlejohn's appeal of the district court's denial of his 28 U.S.C. § 2255 motion. The Fourth Circuit panel found that Littlejohn did not make the requisite showing to receive a certificate of appealability, which requires demonstrating the denial of a constitutional right or that any procedural rulings were debatable or wrong. As such, the Fourth Circuit denied the certificate of appealability and dismissed the appeal without oral argument.

    Copyright:

    Public Domain
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    1 views2 pages

    United States v. Littlejohn, 4th Cir. (2003)

    Uploaded by

    Scribd Government Docs
    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing McKinley David Littlejohn's appeal of the district court's denial of his 28 U.S.C. § 2255 motion. The Fourth Circuit panel found that Littlejohn did not make the requisite showing to receive a certificate of appealability, which requires demonstrating the denial of a constitutional right or that any procedural rulings were debatable or wrong. As such, the Fourth Circuit denied the certificate of appealability and dismissed the appeal without oral argument.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 03-7321

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    versus
    MCKINLEY DAVID LITTLEJOHN,
    Defendant - Appellant.

    Appeal from the United States District Court for the Western
    District of North Carolina, at Bryson City. Lacy H. Thornburg,
    District Judge. (CR-98-234, CA-03-103-2)

    Submitted:

    December 11, 2003

    Decided:

    December 22, 2003

    Before NIEMEYER and MOTZ, Circuit Judges, and HAMILTON, Senior


    Circuit Judge.

    Dismissed by unpublished per curiam opinion.

    McKinley David Littlejohn, Appellant Pro Se. Thomas Richard Ascik,


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

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    McKinley David Littlejohn seeks to appeal the district courts
    judgment denying his 28 U.S.C. 2255 (2000) motion.

    Littlejohn

    cannot appeal this order unless a circuit judge or justice issues


    a certificate of appealability, and 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 2255

    movant meets 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,

    123 S. Ct. 1029, 1039-40 (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 Littlejohn 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

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