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    United States v. Timms, 4th Cir. (2009)

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    This document summarizes a court case in which Robert Gregory Timms sought to appeal the district court's denial of his 28 U.S.C. § 2255 motion. The circuit court determined that a certificate of appealability was required but would not be issued in this case because Timms did not make a substantial showing that his constitutional rights were denied. As a result, the circuit court dismissed Timms' appeal and denied his motion for transcripts at government expense.

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    United States v. Timms, 4th Cir. (2009)

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    This document summarizes a court case in which Robert Gregory Timms sought to appeal the district court's denial of his 28 U.S.C. § 2255 motion. The circuit court determined that a certificate of appealability was required but would not be issued in this case because Timms did not make a substantial showing that his constitutional rights were denied. As a result, the circuit court dismissed Timms' appeal and denied his motion for transcripts at government expense.

    Original Description:

    Filed: 2009-10-21 Precedential Status: Non-Precedential Docket: 09-6929

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    This document summarizes a court case in which Robert Gregory Timms sought to appeal the district court's denial of his 28 U.S.C. § 2255 motion. The circuit court determined that a certificate of appealability was required but would not be issued in this case because Timms did not make a substantial showing that his constitutional rights were denied. As a result, the circuit court dismissed Timms' appeal and denied his motion for transcripts at government expense.

    Copyright:

    Public Domain
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    15 views2 pages

    United States v. Timms, 4th Cir. (2009)

    Uploaded by

    Scribd Government Docs
    This document summarizes a court case in which Robert Gregory Timms sought to appeal the district court's denial of his 28 U.S.C. § 2255 motion. The circuit court determined that a certificate of appealability was required but would not be issued in this case because Timms did not make a substantial showing that his constitutional rights were denied. As a result, the circuit court dismissed Timms' appeal and denied his motion for transcripts at government expense.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 09-6929

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    v.
    ROBERT GREGORY TIMMS, a/k/a Congo,
    Defendant - Appellant.

    Appeal from the United States District Court for the District of
    Maryland, at Baltimore.
    William D. Quarles, Jr., District
    Judge. (1:05-cr-00508-WDQ-1; 1:08-cv-02607-WDQ)

    Submitted:

    October 15, 2009

    Decided:

    October 21, 2009

    Before SHEDD, DUNCAN, and AGEE, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Robert Gregory Timms, Appellant Pro Se.


    Christopher John
    Romano, Assistant United States Attorney, Baltimore, Maryland,
    for Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Robert

    Gregory

    Timms

    seeks

    to

    appeal

    the

    district

    courts order denying relief on his 28 U.S.C.A. 2255 (West


    Supp.

    2009)

    motion.

    The

    order

    is

    not

    appealable

    unless

    circuit justice or judge issues a certificate of appealability.


    28 U.S.C. 2253(c)(1) (2006).

    A certificate of appealability

    will not issue absent a substantial showing of the denial of a


    constitutional
    prisoner
    reasonable

    right.

    satisfies
    jurists

    constitutional

    28

    this

    by

    2253(c)(2)

    standard

    would

    claims

    U.S.C.

    find
    the

    by

    that

    demonstrating

    any

    district

    (2006).

    assessment

    court

    is

    A
    that

    of

    debatable

    the
    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 Timms has


    not

    made

    the

    requisite

    showing.

    Accordingly,

    we

    deny

    certificate of appealability, deny Timms motion for transcripts


    at Government expense, and dismiss the appeal.

    We dispense with

    oral

    contentions

    argument

    adequately

    because

    presented

    in

    the
    the

    facts

    and

    materials

    legal
    before

    the

    court

    are
    and

    argument would not aid the decisional process.


    DISMISSED

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