Scribd Logo
Upload

Welcome to Scribd!

  • United States v. Tabor, 4th Cir. (2006)

    Uploaded by

    Scribd Government Docs
    4 views2 pages
    This document summarizes a court case in which Timothy Tabor, a federal prisoner, appealed the district court's denial of his 28 U.S.C. § 2255 motion. The appeals court independently reviewed the record and denied Tabor a certificate of appealability, concluding he did not make the requisite showing that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong. As a result, the appeals court dismissed Tabor's appeal without oral argument.

    Original Description:

    Filed: 2006-05-05 Precedential Status: Non-Precedential Docket: 05-7588

    Copyright

    © Public Domain

    Available Formats

    PDF or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Report this Document
    This document summarizes a court case in which Timothy Tabor, a federal prisoner, appealed the district court's denial of his 28 U.S.C. § 2255 motion. The appeals court independently reviewed the record and denied Tabor a certificate of appealability, concluding he did not make the requisite showing that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong. As a result, the appeals court dismissed Tabor's appeal without oral argument.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    Download as pdf
    4 views2 pages

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

    Uploaded by

    Scribd Government Docs
    This document summarizes a court case in which Timothy Tabor, a federal prisoner, appealed the district court's denial of his 28 U.S.C. § 2255 motion. The appeals court independently reviewed the record and denied Tabor a certificate of appealability, concluding he did not make the requisite showing that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong. As a result, the appeals court dismissed Tabor's appeal without oral argument.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    Download as pdf
    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 05-7588

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    versus
    TIMOTHY TABOR,
    Defendant - Appellant.

    Appeal from the United States District Court for the Middle
    District of North Carolina, at Durham.
    Frank W. Bullock, Jr.,
    District Judge. (CR-99-10; CA-05-76-1)

    Submitted:

    April 17, 2006

    Decided:

    May 5, 2006

    Before NIEMEYER, WILLIAMS, and MOTZ, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Timothy Tabor, Appellant Pro Se. Sandra Jane Hairston, Assistant


    United States Attorney, Greensboro, North Carolina, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Timothy Tabor, a federal prisoner, seeks to appeal the
    district courts order 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 both that the district courts assessment of his
    constitutional

    claims

    is

    debatable

    or

    wrong

    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 (4th Cir. 2001).

    We have independently

    reviewed the record and conclude that Tabor has not made the
    requisite

    showing.

    Accordingly,

    we

    appealability and dismiss the appeal.

    deny

    certificate

    of

    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 -

    You might also like