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    United States v. Canady, 4th Cir. (2008)

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    This document summarizes a United States Court of Appeals case. It discusses how Charles G. Canady sought to appeal the district court's denial of relief on his 28 U.S.C. § 2255 motion. However, the court determined that a certificate of appealability is required but would not be issued in this case absent a substantial showing of a constitutional right being denied. The court independently reviewed the record and concluded Canady did not make the required showing. Therefore, his motion for transcripts was denied, a certificate of appealability was not issued, and the appeal was dismissed.

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    United States v. Canady, 4th Cir. (2008)

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    This document summarizes a United States Court of Appeals case. It discusses how Charles G. Canady sought to appeal the district court's denial of relief on his 28 U.S.C. § 2255 motion. However, the court determined that a certificate of appealability is required but would not be issued in this case absent a substantial showing of a constitutional right being denied. The court independently reviewed the record and concluded Canady did not make the required showing. Therefore, his motion for transcripts was denied, a certificate of appealability was not issued, and the appeal was dismissed.

    Original Description:

    Filed: 2008-01-23 Precedential Status: Non-Precedential Docket: 07-6211

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    This document summarizes a United States Court of Appeals case. It discusses how Charles G. Canady sought to appeal the district court's denial of relief on his 28 U.S.C. § 2255 motion. However, the court determined that a certificate of appealability is required but would not be issued in this case absent a substantial showing of a constitutional right being denied. The court independently reviewed the record and concluded Canady did not make the required showing. Therefore, his motion for transcripts was denied, a certificate of appealability was not issued, and the appeal was dismissed.

    Copyright:

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    7 views2 pages

    United States v. Canady, 4th Cir. (2008)

    Uploaded by

    Scribd Government Docs
    This document summarizes a United States Court of Appeals case. It discusses how Charles G. Canady sought to appeal the district court's denial of relief on his 28 U.S.C. § 2255 motion. However, the court determined that a certificate of appealability is required but would not be issued in this case absent a substantial showing of a constitutional right being denied. The court independently reviewed the record and concluded Canady did not make the required showing. Therefore, his motion for transcripts was denied, a certificate of appealability was not issued, and the appeal was dismissed.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 07-6211

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    versus
    CHARLES G. CANADY,
    Defendant - Appellant.

    Appeal from the United States District Court for the Eastern
    District of North Carolina, at Wilmington. James C. Fox, Senior
    District Judge. (7:02-cr-00127-F-2; 7:06-cv-00174-F)

    Submitted:

    January 17, 2008

    Decided:

    January 23, 2008

    Before TRAXLER, SHEDD, and DUNCAN, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Charles G. Canady, Appellant Pro Se.


    Ethan Ainsworth Ontjes,
    OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for
    Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Charles G. Canady 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)

    (2000).

    demonstrating

    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 that Canady has not
    made the requisite showing.

    Accordingly, we deny Canadys motion

    for transcripts, 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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