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    This document summarizes a United States Court of Appeals for the Fourth Circuit case. The court dismissed Stanley O'Neal Gill's appeal of a district court's orders denying his motion for relief under 28 U.S.C. § 2255 and denying his motion to alter or amend the judgment. The court concluded that Gill did not make the requisite showing to satisfy the standard for issuing a certificate of appealability, which requires demonstrating that reasonable jurists would find the district court's assessment of constitutional claims debatable or wrong or any procedural rulings debatable. Therefore, the court denied Gill's motion for a certificate of appealability and dismissed the appeal.

    Original Description:

    Filed: 2009-04-22 Precedential Status: Non-Precedential Docket: 08-7688

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    This document summarizes a United States Court of Appeals for the Fourth Circuit case. The court dismissed Stanley O'Neal Gill's appeal of a district court's orders denying his motion for relief under 28 U.S.C. § 2255 and denying his motion to alter or amend the judgment. The court concluded that Gill did not make the requisite showing to satisfy the standard for issuing a certificate of appealability, which requires demonstrating that reasonable jurists would find the district court's assessment of constitutional claims debatable or wrong or any procedural rulings debatable. Therefore, the court denied Gill's motion for a certificate of appealability and dismissed the appeal.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
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    0 views2 pages

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

    Uploaded by

    Scribd Government Docs
    This document summarizes a United States Court of Appeals for the Fourth Circuit case. The court dismissed Stanley O'Neal Gill's appeal of a district court's orders denying his motion for relief under 28 U.S.C. § 2255 and denying his motion to alter or amend the judgment. The court concluded that Gill did not make the requisite showing to satisfy the standard for issuing a certificate of appealability, which requires demonstrating that reasonable jurists would find the district court's assessment of constitutional claims debatable or wrong or any procedural rulings debatable. Therefore, the court denied Gill's motion for a certificate of appealability and dismissed the appeal.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 08-7688

    UNITED STATES OF AMERICA,


    Plaintiff Appellee,
    v.
    STANLEY ONEAL GILL,
    Defendant Appellant.

    Appeal from the United States District Court for the Eastern
    District of North Carolina, at Raleigh.
    James C. Fox, Senior
    District Judge. (5:04-cr-00020-F-1; 5:07-cv-00044-F)

    Submitted:

    April 16, 2009

    Decided:

    April 22, 2009

    Before WILKINSON, NIEMEYER, and SHEDD, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Stanley ONeal Gill, Appellant Pro Se.


    Winnie Jordan Reaves,
    Assistant United States Attorney, Raleigh, North Carolina, for
    Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Stanley
    courts

    orders

    (West Supp.
    amend

    under

    appealable

    ONeal

    Gill

    denying

    2008)

    R.

    unless

    and

    of

    on

    his

    Civ.

    denying
    P.

    circuit

    certificate of appealability.
    certificate

    to

    relief

    motion

    Fed.

    seeks

    appeal
    28

    his

    the

    district

    U.S.C.A.

    motion

    59(e).

    The

    justice

    or

    to

    orders

    alter
    are

    or
    not

    issues

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

    appealability

    will

    not

    judge

    2255

    issue

    absent

    substantial showing of the denial of a constitutional right.


    28

    U.S.C.

    standard

    2253(c)(2)

    by

    (2006).

    demonstrating

    that

    prisoner

    reasonable

    satisfies

    jurists

    would

    this
    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).
    conclude

    that

    Accordingly,

    we

    We have independently reviewed the record and


    Gill
    deny

    has

    not

    Gills

    made
    motion

    appealability and dismiss the appeal.

    the
    for

    requisite
    a

    showing.

    certificate

    of

    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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