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    United States v. Isom, 4th Cir. (2007)

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    The United States Court of Appeals for the Fourth Circuit dismissed Benny Lynn Isom's appeal of the district court's denial of his 28 U.S.C. § 2255 motion. The court issued a per curiam opinion stating that a certificate of appealability is required but would not be issued in this case because Isom failed to make a substantial showing that his constitutional rights were denied. As Isom did not demonstrate that reasonable jurists would find the district court's assessment of his claims debatable or wrong or that any procedural rulings were debatable, the court dismissed the appeal.

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    United States v. Isom, 4th Cir. (2007)

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    The United States Court of Appeals for the Fourth Circuit dismissed Benny Lynn Isom's appeal of the district court's denial of his 28 U.S.C. § 2255 motion. The court issued a per curiam opinion stating that a certificate of appealability is required but would not be issued in this case because Isom failed to make a substantial showing that his constitutional rights were denied. As Isom did not demonstrate that reasonable jurists would find the district court's assessment of his claims debatable or wrong or that any procedural rulings were debatable, the court dismissed the appeal.

    Original Description:

    Filed: 2007-12-26 Precedential Status: Non-Precedential Docket: 07-7514

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    The United States Court of Appeals for the Fourth Circuit dismissed Benny Lynn Isom's appeal of the district court's denial of his 28 U.S.C. § 2255 motion. The court issued a per curiam opinion stating that a certificate of appealability is required but would not be issued in this case because Isom failed to make a substantial showing that his constitutional rights were denied. As Isom did not demonstrate that reasonable jurists would find the district court's assessment of his claims debatable or wrong or that any procedural rulings were debatable, the court dismissed the appeal.

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    8 views2 pages

    United States v. Isom, 4th Cir. (2007)

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    The United States Court of Appeals for the Fourth Circuit dismissed Benny Lynn Isom's appeal of the district court's denial of his 28 U.S.C. § 2255 motion. The court issued a per curiam opinion stating that a certificate of appealability is required but would not be issued in this case because Isom failed to make a substantial showing that his constitutional rights were denied. As Isom did not demonstrate that reasonable jurists would find the district court's assessment of his claims debatable or wrong or that any procedural rulings were debatable, the court dismissed the appeal.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 07-7514

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    versus
    BENNY LYNN ISOM,
    Defendant - Appellant.

    Appeal from the United States District Court for the Middle
    District of North Carolina, at Durham. William L. Osteen, Senior
    District Judge. (1:03-cr-00242-WLO; 1:06-cv-1005)

    Submitted:

    December 17, 2007

    Decided:

    December 26, 2007

    Before WILKINSON, KING, and SHEDD, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Benny Lynn Isom, Appellant Pro Se. Angela Hewlett Miller, OFFICE
    OF THE UNITED STATES ATTORNEY, Greensboro, North Carolina, for
    Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Benny Lynn Isom seeks to appeal the district courts
    order denying relief on his 28 U.S.C. 2255 (2000) 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).

    certificate of appealability will not issue absent a substantial


    showing of the denial of a constitutional right.

    2253(c)(2)

    demonstrating

    (2000).
    that

    prisoner

    reasonable

    satisfies

    jurists

    would

    this

    28 U.S.C.
    standard

    find

    that

    by
    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 Isom 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

    - 2 -

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