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

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    This document summarizes a court case in which Leonard Shelton McCullough, Jr. sought to appeal the district court's denial of relief on his 28 U.S.C. § 2255 motion. The appeals court dismissed the appeal, as the district court's orders were not appealable unless a certificate of appealability was issued. The appeals court independently reviewed the record and concluded that McCullough did not make the requisite showing to obtain a certificate of appealability. Therefore, the court denied the certificate and dismissed the appeal.

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    Filed: 2006-07-03 Precedential Status: Non-Precedential Docket: 06-6363

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    This document summarizes a court case in which Leonard Shelton McCullough, Jr. sought to appeal the district court's denial of relief on his 28 U.S.C. § 2255 motion. The appeals court dismissed the appeal, as the district court's orders were not appealable unless a certificate of appealability was issued. The appeals court independently reviewed the record and concluded that McCullough did not make the requisite showing to obtain a certificate of appealability. Therefore, the court denied the certificate and dismissed the appeal.

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    24 views2 pages

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

    Uploaded by

    Scribd Government Docs
    This document summarizes a court case in which Leonard Shelton McCullough, Jr. sought to appeal the district court's denial of relief on his 28 U.S.C. § 2255 motion. The appeals court dismissed the appeal, as the district court's orders were not appealable unless a certificate of appealability was issued. The appeals court independently reviewed the record and concluded that McCullough did not make the requisite showing to obtain a certificate of appealability. Therefore, the court denied the certificate and dismissed the appeal.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 06-6363

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    versus
    LEONARD SHELTON MCCULLOUGH, JR.,
    Defendant - Appellant.

    Appeal from the United States District Court for the Middle
    District of North Carolina, at Winston-Salem. Frank W. Bullock,
    Jr., Senior District Judge. (6:96-cr-00195-FWB; 1:05-cv-00785-FWB)

    Submitted: June 22, 2006

    Decided: July 3, 2006

    Before NIEMEYER, MICHAEL, and GREGORY, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Leonard Shelton McCullough, Jr., 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.


    See Local Rule 36(c).

    PER CURIAM:
    Leonard Shelton McCullough, Jr., seeks to appeal the
    district courts orders denying relief on his 28 U.S.C. 2255
    (2000) motion.

    The orders are not appealable unless a circuit

    justice or judge issues a certificate of appealability.

    28 U.S.C.

    2253(c)(1) (2000). 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


    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 McCullough 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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