312 F. App'x 547

UNITED STATES of America, Plaintiff-Appellee, v. Theresa Jane HEAD, Defendant-Appellant.

No. 08-8483.

United States Court of Appeals, Fourth Circuit.

Submitted: Feb. 19, 2009.

Decided: Feb. 27, 2009.

Theresa Jane Head, Appellant Pro Se. Zachary T. Lee, Assistant United States Attorney, Abingdon, Virginia, for Appellee.

Before WILKINSON, DUNCAN, and AGEE, Circuit Judges.

Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Theresa Jane Head seeks to appeal the district court’s order denying relief on her 28 U.S.C.A. § 2255 (West 2006 & Supp. 2008) motion. The order is not appeal-able 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 any assessment of the constitutional claims by the district court is debatable or wrong and that any dis-positive procedural ruling by the district court is likewise debatable. Miller-El v. Cockrell, 537 U.S. 322, 336-38, 123 S.Ct. 1029, 154 L.Ed.2d 931 (2003); Slack v. McDaniel, 529 U.S. 473, 484, 120 S.Ct. 1595, 146 L.Ed.2d 542 (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. We also deny Head’s motion to appoint counsel. We dispense with oral argument because the facts and legal contentions are adequately present*548ed in the materials before the court and argument would not aid the decisional process.

DISMISSED.

United States v. Head
312 F. App'x 547

Case Details

Name
United States v. Head
Decision Date
Feb 27, 2009
Citations

312 F. App'x 547

Jurisdiction
United States

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