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    This document summarizes an unpublished decision by the United States Court of Appeals for the Fourth Circuit dismissing Thomas Houser's appeal of the district court's denial of his motion for relief under 28 U.S.C. 2255. The court of appeals independently reviewed the record and determined that Houser did not make the requisite showing to obtain a certificate of appealability, as he did not demonstrate that reasonable jurists would find his constitutional claims debatable or that any dispositive procedural rulings were debatable or wrong. Therefore, the court denied the certificate of appealability and dismissed the appeal.

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    Filed: 2004-09-17 Precedential Status: Non-Precedential Docket: 04-6238

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    This document summarizes an unpublished decision by the United States Court of Appeals for the Fourth Circuit dismissing Thomas Houser's appeal of the district court's denial of his motion for relief under 28 U.S.C. 2255. The court of appeals independently reviewed the record and determined that Houser did not make the requisite showing to obtain a certificate of appealability, as he did not demonstrate that reasonable jurists would find his constitutional claims debatable or that any dispositive procedural rulings were debatable or wrong. Therefore, the court denied the certificate of appealability and dismissed the appeal.

    Copyright:

    Public Domain
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    5 views3 pages

    United States v. Houser, 4th Cir. (2004)

    Uploaded by

    Scribd Government Docs
    This document summarizes an unpublished decision by the United States Court of Appeals for the Fourth Circuit dismissing Thomas Houser's appeal of the district court's denial of his motion for relief under 28 U.S.C. 2255. The court of appeals independently reviewed the record and determined that Houser did not make the requisite showing to obtain a certificate of appealability, as he did not demonstrate that reasonable jurists would find his constitutional claims debatable or that any dispositive procedural rulings were debatable or wrong. Therefore, the court denied the certificate of appealability and dismissed the appeal.

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    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 04-6238

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    versus
    THOMAS HOUSER, a/k/a Robert Joiner, a/k/a
    Thomas Gross, a/k/a Edward Kingman, a/k/a
    Tommy King, a/k/a Thomas King, a/k/a Ian
    Hopkins, a/k/a Tim Hopkins, a/k/a Timothy
    Hopkins, a/k/a Ian King,
    Defendant - Appellant.

    No. 04-6239

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    versus
    THOMAS HOUSER, a/k/a Robert Joiner, a/k/a
    Thomas Gross, a/k/a Edward Kingman, a/k/a
    Tommy King, a/k/a Thomas King, a/k/a Ian
    Hopkins, a/k/a Tim Hopkins, a/k/a Timothy
    Hopkins, a/k/a Ian King,
    Defendant - Appellant.

    Appeals from the United States District Court for the Eastern
    District of Virginia, at Newport News.
    Rebecca Beach Smith,
    District Judge. (CR-01-125; CR-02-36; CA-03-41-4; CA-03-42-4)

    Submitted:

    July 12, 2004

    Decided:

    September 17, 2004

    Before WIDENER, WILLIAMS, and MOTZ, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Thomas Houser, Appellant Pro Se. Robert John Krask, OFFICE OF THE
    UNITED STATES ATTORNEY, Norfolk, Virginia, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    - 2 -

    PER CURIAM:
    Thomas Houser seeks to appeal the district courts order
    denying relief on his motion filed under 28 U.S.C. 2255 (2000).
    An appeal may not be taken from the final order in a 2255
    proceeding unless a circuit justice or judge issues a certificate
    of appealability. 28 U.S.C. 2253(c)(1) (2000). 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) (2000).

    A prisoner satisfies this standard by demonstrating that reasonable


    jurists would find that his constitutional claims are debatable and
    that any dispositive procedural rulings by the district court are
    also debatable or wrong.

    Miller-El v. Cockrell, 537 U.S. 322, 336

    (2003); Slack v. McDaniel, 529 U.S. 473, 484 (2000); Rose v. Lee,
    252 F.3d 676, 683 (4th Cir. 2001).

    We have independently reviewed

    the record and conclude that Houser has not made the requisite
    showing.

    Accordingly, we deny a certificate of appealability and

    dismiss the appeal.


    facts

    and

    materials

    legal
    before

    We dispense with oral argument because the

    contentions
    the

    court

    are

    adequately

    and

    argument

    presented

    would

    not

    in

    the

    aid

    the

    decisional process.

    DISMISSED

    - 3 -

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