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  • United States v. Griffin, 4th Cir. (2008)

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    The United States Court of Appeals for the Fourth Circuit dismissed Christophe Griffin's appeal of a district court order that denied his motion for relief under 28 U.S.C. § 2255. The court issued a per curiam (by the court) unpublished opinion stating that the district court's order was not appealable unless a circuit judge issues a certificate of appealability. However, the court determined that Griffin did not make the requisite showing to obtain a certificate, as he did not demonstrate that reasonable jurists would find the district court's assessment of his constitutional claims to be debatable or wrong. Therefore, the court denied a certificate of appealability and dismissed the appeal.

    Original Description:

    Filed: 2008-02-21 Precedential Status: Non-Precedential Docket: 07-7350

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    The United States Court of Appeals for the Fourth Circuit dismissed Christophe Griffin's appeal of a district court order that denied his motion for relief under 28 U.S.C. § 2255. The court issued a per curiam (by the court) unpublished opinion stating that the district court's order was not appealable unless a circuit judge issues a certificate of appealability. However, the court determined that Griffin did not make the requisite showing to obtain a certificate, as he did not demonstrate that reasonable jurists would find the district court's assessment of his constitutional claims to be debatable or wrong. Therefore, the court denied a certificate of appealability and dismissed the appeal.

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

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit dismissed Christophe Griffin's appeal of a district court order that denied his motion for relief under 28 U.S.C. § 2255. The court issued a per curiam (by the court) unpublished opinion stating that the district court's order was not appealable unless a circuit judge issues a certificate of appealability. However, the court determined that Griffin did not make the requisite showing to obtain a certificate, as he did not demonstrate that reasonable jurists would find the district court's assessment of his constitutional claims to be debatable or wrong. Therefore, the court denied a certificate of appealability and dismissed the appeal.

    Copyright:

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 07-7350

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    versus
    CHRISTOPHE GRIFFIN, a/k/a Roger Small, a/k/a
    Flame,
    Defendant - Appellant.

    Appeal from the United States District Court for the Western
    District of Virginia, at Roanoke. Norman K. Moon, District Judge.
    (3:04-cr-00030-NKM; 7:06-cv-00396-NKM)

    Submitted:

    January 30, 2008

    Decided:

    February 21, 2008

    Before NIEMEYER, MOTZ, and DUNCAN, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Dana Roger Cormier, DANA R. CORMIER, PLC, Staunton, Virginia, for


    Appellant.
    Ruth Elizabeth Plagenhoef, Assistant United States
    Attorney, Roanoke, Virginia, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Christophe Griffin seeks to appeal the district courts
    order accepting the recommendation of the magistrate judge and
    denying relief on his 28 U.S.C. 2255 (2000) motion.
    not

    appealable

    unless

    circuit

    certificate of appealability.

    justice

    or

    The order is

    judge

    issues

    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 that Griffin 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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