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    This document summarizes a court case where Kenneth R. Hyatt sought to appeal a district court's dismissal of his 28 U.S.C. § 2255 motion as untimely. The appeals court independently reviewed the record and determined that Hyatt did not make the requisite showing to receive a certificate of appealability, which is required to appeal the denial of a constitutional right. As such, the appeals court denied the certificate and dismissed Hyatt's appeal without oral argument.

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    Filed: 2009-10-02 Precedential Status: Non-Precedential Docket: 08-8455

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    This document summarizes a court case where Kenneth R. Hyatt sought to appeal a district court's dismissal of his 28 U.S.C. § 2255 motion as untimely. The appeals court independently reviewed the record and determined that Hyatt did not make the requisite showing to receive a certificate of appealability, which is required to appeal the denial of a constitutional right. As such, the appeals court denied the certificate and dismissed Hyatt's appeal without oral argument.

    Copyright:

    Public Domain
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    5 views2 pages

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

    Uploaded by

    Scribd Government Docs
    This document summarizes a court case where Kenneth R. Hyatt sought to appeal a district court's dismissal of his 28 U.S.C. § 2255 motion as untimely. The appeals court independently reviewed the record and determined that Hyatt did not make the requisite showing to receive a certificate of appealability, which is required to appeal the denial of a constitutional right. As such, the appeals court denied the certificate and dismissed Hyatt's appeal without oral argument.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 08-8455

    UNITED STATES OF AMERICA,


    Plaintiff Appellee,
    v.
    KENNETH R. HYATT,
    Defendant Appellant.

    Appeal from the United States District Court for the Eastern
    District of North Carolina, at Raleigh.
    James C. Fox, Senior
    District Judge. (7:02-cr-00013-F-2; 7:06-cv-00173-F)

    Submitted:

    August 10, 2009

    Decided:

    October 2, 2009

    Before NIEMEYER, MICHAEL, and SHEDD, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Milton Gordon Widenhouse, Jr., RUDOLF, WIDENHOUSE & FIALKO,


    Chapel Hill, North Carolina, for Appellant.
    Rudolf A. Renfer,
    Jr., Assistant United States Attorney, Raleigh, North Carolina,
    for Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Kenneth R. Hyatt seeks to appeal the district courts
    order dismissing as untimely his 28 U.S.C.A. 2255 (West Supp.
    2009) motion.
    justice

    or

    The order is not appealable unless a circuit


    judge

    issues

    certificate

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

    of

    appealability.

    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) (2006); Miller-El

    v. Cockrell, 537 U.S. 322, 336-38 (2003).

    For claims dismissed

    on procedural grounds, this standard is satisfied by showing


    both that jurists of reason would find it debatable whether the
    motion states a valid claim of the denial of a constitutional
    right and that jurists of reason would find it debatable whether
    the district court was correct in its procedural ruling.

    Slack

    v. McDaniel, 529 U.S. 473, 484 (2000); Rose v. Lee, 252 F.3d
    676, 683-84 (4th Cir. 2001).
    record

    and

    showing.

    conclude

    that

    We have independently reviewed the


    Hyatt

    has

    not

    made

    the

    requisite

    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

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