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    The United States Court of Appeals for the Fourth Circuit dismissed Theresa Jane Head's appeal of a district court order denying her motion for relief under 28 U.S.C. § 2255. The court determined that a certificate of appealability was required but would not be issued because Head did not make a substantial showing that her constitutional rights were denied. The court also denied Head's motion to appoint counsel and dismissed the appeal without oral argument.

    Original Description:

    Filed: 2009-02-27 Precedential Status: Non-Precedential Docket: 08-8483

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    The United States Court of Appeals for the Fourth Circuit dismissed Theresa Jane Head's appeal of a district court order denying her motion for relief under 28 U.S.C. § 2255. The court determined that a certificate of appealability was required but would not be issued because Head did not make a substantial showing that her constitutional rights were denied. The court also denied Head's motion to appoint counsel and dismissed the appeal without oral argument.

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    Public Domain
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    5 views2 pages

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

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit dismissed Theresa Jane Head's appeal of a district court order denying her motion for relief under 28 U.S.C. § 2255. The court determined that a certificate of appealability was required but would not be issued because Head did not make a substantial showing that her constitutional rights were denied. The court also denied Head's motion to appoint counsel and dismissed the appeal without oral argument.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 08-8483

    UNITED STATES OF AMERICA,


    Plaintiff Appellee,
    v.
    THERESA JANE HEAD,
    Defendant Appellant.

    Appeal from the United States District Court for the Western
    District of Virginia, at Big Stone Gap.
    James P. Jones, Chief
    District Judge.
    (2:05-cr-00026-jpj-mfu-1; 2:08-cv-80053-jpjmfu)

    Submitted:

    February 19, 2009

    Decided:

    February 27, 2009

    Before WILKINSON, DUNCAN, and AGEE, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Theresa Jane Head, Appellant Pro Se. Zachary T. Lee, Assistant


    United States Attorney, Abingdon, Virginia, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Theresa Jane Head seeks to appeal the district courts
    order

    denying

    relief

    on

    & Supp. 2008) motion.

    her

    28

    U.S.C.A.

    2255

    (West

    2006

    The order is not appealable 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
    prisoner
    reasonable

    right.

    satisfies
    jurists

    constitutional

    28

    this

    by

    2253(c)(2)

    standard

    would

    claims

    U.S.C.

    find
    the

    that

    district

    by
    any

    (2000).

    demonstrating
    assessment

    court

    is

    A
    that

    of

    debatable

    the
    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 Head has not
    made the requisite showing.

    Accordingly, we deny a certificate

    of appealability and dismiss the appeal.


    motion

    to

    appoint

    counsel.

    We

    dispense

    We also deny Heads


    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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