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  • United States v. Burr, 4th Cir. (2011)

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    This document summarizes a court case in which Thomas Anderson Burr sought to appeal the district court's denial of his 28 U.S.C.A. § 2255 motion. The appeals court dismissed the appeal, finding that Burr did not make the requisite showing to receive a certificate of appealability, which is required to appeal the denial of a § 2255 motion. Specifically, the court found that Burr did not demonstrate that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong, or that his motion stated a debatable claim of the denial of a constitutional right.

    Original Description:

    Filed: 2011-05-17 Precedential Status: Non-Precedential Docket: 10-7255

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    This document summarizes a court case in which Thomas Anderson Burr sought to appeal the district court's denial of his 28 U.S.C.A. § 2255 motion. The appeals court dismissed the appeal, finding that Burr did not make the requisite showing to receive a certificate of appealability, which is required to appeal the denial of a § 2255 motion. Specifically, the court found that Burr did not demonstrate that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong, or that his motion stated a debatable claim of the denial of a constitutional right.

    Copyright:

    Public Domain
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    1 views3 pages

    United States v. Burr, 4th Cir. (2011)

    Uploaded by

    Scribd Government Docs
    This document summarizes a court case in which Thomas Anderson Burr sought to appeal the district court's denial of his 28 U.S.C.A. § 2255 motion. The appeals court dismissed the appeal, finding that Burr did not make the requisite showing to receive a certificate of appealability, which is required to appeal the denial of a § 2255 motion. Specifically, the court found that Burr did not demonstrate that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong, or that his motion stated a debatable claim of the denial of a constitutional right.

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    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 10-7255

    UNITED STATES OF AMERICA,


    Plaintiff Appellee,
    v.
    THOMAS ANDERSON BURR,
    Defendant Appellant.

    Appeal from the United States District Court for the District of
    South Carolina, at Florence. R. Bryan Harwell, District Judge.
    (4:04-cr-00917-RBH-1; 4:09-cv-70070-RBH)

    Submitted:

    April 28, 2011

    Decided:

    May 17, 2011

    Before KING, SHEDD, and DUNCAN, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Seth Allen Neyhart, STARK LAW GROUP, PLLC, Chapel Hill, North
    Carolina, for Appellant.
    Rose Mary Sheppard Parham, Assistant
    United States Attorney, Florence, South Carolina, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Thomas

    Anderson

    Burr

    seeks

    to

    appeal

    the

    district

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


    Supp.

    2010)

    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 right.

    28 U.S.C. 2253(c)(2) (2006).

    When the

    district court denies relief on the merits, a prisoner satisfies


    this

    standard

    by

    demonstrating

    that

    reasonable

    jurists

    would

    find that the district courts assessment of the constitutional


    claims is debatable or wrong.

    Slack v. McDaniel, 529 U.S. 473,

    484

    Cockrell,

    (2000);

    (2003).

    see

    Miller-El

    v.

    537

    U.S.

    322,

    336-38

    When the district court denies relief on procedural

    grounds, the prisoner must demonstrate both that the dispositive


    procedural ruling is debatable, and that the motion states a
    debatable claim of the denial of a constitutional right.
    529 U.S. at 484-85.
    and

    conclude

    that

    Slack,

    We have independently reviewed the record


    Burr

    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

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