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  • United States v. Shorter, 4th Cir. (2005)

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    This document summarizes a court case in which William Shorter Jr. appealed a district court's dismissal of his motion filed under 28 U.S.C. § 2241. The appeals court denied Shorter a certificate of appealability, finding he did not make the requisite substantial showing of a denial of a constitutional right. The court independently reviewed the record and determined the district court's assessment of Shorter's constitutional claims was not debatable. The appeal was therefore dismissed.

    Original Description:

    Filed: 2005-10-07 Precedential Status: Non-Precedential Docket: 05-6710

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    This document summarizes a court case in which William Shorter Jr. appealed a district court's dismissal of his motion filed under 28 U.S.C. § 2241. The appeals court denied Shorter a certificate of appealability, finding he did not make the requisite substantial showing of a denial of a constitutional right. The court independently reviewed the record and determined the district court's assessment of Shorter's constitutional claims was not debatable. The appeal was therefore dismissed.

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    Public Domain
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    5 views2 pages

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

    Uploaded by

    Scribd Government Docs
    This document summarizes a court case in which William Shorter Jr. appealed a district court's dismissal of his motion filed under 28 U.S.C. § 2241. The appeals court denied Shorter a certificate of appealability, finding he did not make the requisite substantial showing of a denial of a constitutional right. The court independently reviewed the record and determined the district court's assessment of Shorter's constitutional claims was not debatable. The appeal was therefore dismissed.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 05-6710

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    versus
    WILLIAM SHORTER, JR.,
    Defendant - Appellant.

    Appeal from the United States District Court for the Eastern
    District of Virginia, at Alexandria. James C. Cacheris, Senior
    District Judge. (CR-98-192-A)

    Submitted:

    September 29, 2005

    Decided:

    October 7, 2005

    Before WILKINSON, KING, and GREGORY, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    William Shorter, Jr., Appellant Pro Se. Morris Rudolph Parker,


    Jr., Assistant United States Attorney, Alexandria, Virginia, for
    Appellee.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    William Shorter, Jr., seeks to appeal from the district
    courts order dismissing his motion filed under 28 U.S.C. 2241
    (2000), as a successive 28 U.S.C. 2255 (2000) motion for which
    authorization had not been obtained.
    unless

    circuit

    appealability.

    justice

    or

    The order is not appealable

    judge

    issues

    28 U.S.C. 2253(c)(1) (2000).

    certificate

    of

    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 the district courts assessment of his
    constitutional

    claims

    is

    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, 336-38 (2003);

    Slack v. McDaniel, 529 U.S. 473, 484 (2000); Rose v. Lee, 252 F.3d
    676, 683-84 (4th Cir. 2001).
    record

    and

    showing.

    conclude

    and

    materials

    Shorter

    has

    not

    made

    the

    requisite

    Accordingly, we deny a certificate of appealability and

    dismiss the appeal.


    facts

    that

    We have independently reviewed the

    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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