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  • United States v. McRae, 4th Cir. (2008)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing Michael McRae's appeal of the district court's denial of his 28 U.S.C. § 2255 motion. The court determines that McRae did not make the requisite showing to receive a certificate of appealability, which is required to appeal the denial of a § 2255 motion. As such, the court denies the certificate, denies McRae's request to proceed in forma pauperis, and dismisses the appeal.

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    Filed: 2008-03-28 Precedential Status: Non-Precedential Docket: 07-7736

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing Michael McRae's appeal of the district court's denial of his 28 U.S.C. § 2255 motion. The court determines that McRae did not make the requisite showing to receive a certificate of appealability, which is required to appeal the denial of a § 2255 motion. As such, the court denies the certificate, denies McRae's request to proceed in forma pauperis, and dismisses the appeal.

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    Public Domain
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    6 views2 pages

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

    Uploaded by

    Scribd Government Docs
    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing Michael McRae's appeal of the district court's denial of his 28 U.S.C. § 2255 motion. The court determines that McRae did not make the requisite showing to receive a certificate of appealability, which is required to appeal the denial of a § 2255 motion. As such, the court denies the certificate, denies McRae's request to proceed in forma pauperis, and dismisses the appeal.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 07-7736

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    v.
    MICHAEL MCRAE, a/k/a Clyde McRae,
    Defendant - Appellant.

    Appeal from the United States District Court for the Western
    District of North Carolina, at Charlotte. Robert J. Conrad, Jr.,
    Chief District Judge. (3:07-cv-00416-RJC; 3:04-cr-00295-RJC-DCK-1)

    Submitted:

    March 25, 2008

    Decided:

    March 28, 2008

    Before MOTZ, KING, and GREGORY, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Michael McRae, Appellant Pro Se. Kimlani Murray Ford, OFFICE OF


    THE UNITED STATES ATTORNEY, Charlotte, North Carolina, for
    Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Michael McRae seeks to appeal the district courts order
    denying relief on his 28 U.S.C. 2255 (2000) motion.
    not

    appealable

    unless

    circuit

    certificate of appealability.

    justice

    or

    The order is

    judge

    issues

    See 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.

    2253(c)(2)

    demonstrating

    (2000).
    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.

    See

    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 that
    McRae 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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