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  • United States v. Grant, 4th Cir. (2007)

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    David Grant Jr. appealed the district court's denial of his 28 U.S.C. § 2255 motion. The Fourth Circuit Court of Appeals dismissed the appeal, finding that Grant did not make the requisite showing to obtain a certificate of appealability, which requires demonstrating that reasonable jurists would find the district court's assessment of constitutional claims debatable or wrong or that any procedural rulings were debatable. The Fourth Circuit independently reviewed the record and concluded Grant did not make the required showing to receive a certificate of appealability.

    Original Description:

    Filed: 2007-06-28 Precedential Status: Non-Precedential Docket: 07-6043

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    David Grant Jr. appealed the district court's denial of his 28 U.S.C. § 2255 motion. The Fourth Circuit Court of Appeals dismissed the appeal, finding that Grant did not make the requisite showing to obtain a certificate of appealability, which requires demonstrating that reasonable jurists would find the district court's assessment of constitutional claims debatable or wrong or that any procedural rulings were debatable. The Fourth Circuit independently reviewed the record and concluded Grant did not make the required showing to receive a certificate of appealability.

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    6 views2 pages

    United States v. Grant, 4th Cir. (2007)

    Uploaded by

    Scribd Government Docs
    David Grant Jr. appealed the district court's denial of his 28 U.S.C. § 2255 motion. The Fourth Circuit Court of Appeals dismissed the appeal, finding that Grant did not make the requisite showing to obtain a certificate of appealability, which requires demonstrating that reasonable jurists would find the district court's assessment of constitutional claims debatable or wrong or that any procedural rulings were debatable. The Fourth Circuit independently reviewed the record and concluded Grant did not make the required showing to receive a certificate of appealability.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 07-6043

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    versus
    DAVID GRANT, JR.,
    Defendant - Appellant.

    Appeal from the United States District Court for the District of
    South Carolina, at Charleston. David C. Norton, District Judge.
    (2:04-cr-00302-DCN-1; 2:06-cv-01667-DCN)

    Submitted:

    May 30, 2007

    Decided:

    June 28, 2007

    Before MOTZ, SHEDD, and DUNCAN, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    David Grant, Jr., Appellant Pro Se. John Charles Duane, Assistant
    United States Attorney, Charleston, South Carolina, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    David Grant, Jr. seeks to appeal the district courts
    order denying relief on his 28 U.S.C. 2255 (2000) motion.

    The

    order is not appealable unless a circuit justice or judge issues a


    certificate of appealability.

    28 U.S.C. 2253(c)(1) (2000).

    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.

    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 Grant 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

    - 2 -

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