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

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    This document summarizes a United States Court of Appeals case. It denies Danny Blackmon's request for a certificate of appealability to appeal the district court's denial of his 28 U.S.C. § 2255 motion. The court independently reviewed the record and concluded that Blackmon did not make the requisite showing to satisfy the standards to issue a certificate of appealability. As a result, the court denied the certificate, denied Blackmon's request to proceed in forma pauperis, and dismissed his appeal.

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

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    This document summarizes a United States Court of Appeals case. It denies Danny Blackmon's request for a certificate of appealability to appeal the district court's denial of his 28 U.S.C. § 2255 motion. The court independently reviewed the record and concluded that Blackmon did not make the requisite showing to satisfy the standards to issue a certificate of appealability. As a result, the court denied the certificate, denied Blackmon's request to proceed in forma pauperis, and dismissed his appeal.

    Original Description:

    Filed: 2008-04-24 Precedential Status: Non-Precedential Docket: 08-6184

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    This document summarizes a United States Court of Appeals case. It denies Danny Blackmon's request for a certificate of appealability to appeal the district court's denial of his 28 U.S.C. § 2255 motion. The court independently reviewed the record and concluded that Blackmon did not make the requisite showing to satisfy the standards to issue a certificate of appealability. As a result, the court denied the certificate, denied Blackmon's request to proceed in forma pauperis, and dismissed his appeal.

    Copyright:

    Public Domain
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    4 views2 pages

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

    Uploaded by

    Scribd Government Docs
    This document summarizes a United States Court of Appeals case. It denies Danny Blackmon's request for a certificate of appealability to appeal the district court's denial of his 28 U.S.C. § 2255 motion. The court independently reviewed the record and concluded that Blackmon did not make the requisite showing to satisfy the standards to issue a certificate of appealability. As a result, the court denied the certificate, denied Blackmon's request to proceed in forma pauperis, and dismissed his appeal.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 08-6184

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    v.
    DANNY L. BLACKMON,
    Defendant - Appellant.

    Appeal from the United States District Court for the Eastern
    District of North Carolina, at Wilmington. James C. Fox, Senior
    District Judge. (7:03-cr-00077-F-1; 7:07-cv-00126-F)

    Submitted:

    April 18, 2008

    Decided:

    April 24, 2008

    Before WILKINSON and KING, Circuit Judges, and HAMILTON, Senior


    Circuit Judge.

    Dismissed by unpublished per curiam opinion.

    Danny L. Blackmon, Appellant Pro Se. George Edward Bell Holding,


    United States Attorney. Anne Margaret Hayes, Assistant United
    States Attorney, Raleigh, North Carolina; Alan Fitzgerald Williams,
    Major, OFFICE OF THE STAFF JUDGE ADVOCATE, Camp Lejeune, North
    Carolina, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Danny L. Blackmon seeks to appeal the district courts
    judgment denying relief on his 28 U.S.C. 2255 (2000) motion.

    The

    judgment 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 Blackmon has not


    made the requisite showing.

    Accordingly, we deny a certificate of

    appealability, deny leave to proceed in forma pauperis, 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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