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United States v. Little, 4th Cir. (2005)

The United States Court of Appeals for the Fourth Circuit dismissed Ryan O'Neil Little's appeal of a district court's denial of his motion for reconsideration of the denial of his 28 U.S.C. § 2255 motion. The court issued an unpublished per curiam opinion stating that a certificate of appealability is required to appeal such an order but would not be issued here without a substantial showing that a constitutional right was denied. Upon reviewing the record, the court concluded that Little did not make the requisite showing.

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31 views2 pages

United States v. Little, 4th Cir. (2005)

The United States Court of Appeals for the Fourth Circuit dismissed Ryan O'Neil Little's appeal of a district court's denial of his motion for reconsideration of the denial of his 28 U.S.C. § 2255 motion. The court issued an unpublished per curiam opinion stating that a certificate of appealability is required to appeal such an order but would not be issued here without a substantial showing that a constitutional right was denied. Upon reviewing the record, the court concluded that Little did not make the requisite showing.

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UNPUBLISHED

UNITED STATES COURT OF APPEALS


FOR THE FOURTH CIRCUIT

No. 04-7890

UNITED STATES OF AMERICA,


Plaintiff - Appellee,
versus
RYAN ONEIL LITTLE,
Defendant - Appellant.

Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte. Richard L. Voorhees,
District Judge. (CR-95-105-V; CA-01-379)

Submitted:

February 23, 2005

Decided:

March 11, 2005

Before WILLIAMS, GREGORY, and SHEDD, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Ryan ONeil Little, Appellant Pro Se. Robert James Conrad, Jr.,
OFFICE OF THE UNITED STATES ATTORNEY, Charlotte, North Carolina,
for Appellee.

Unpublished opinions are not binding precedent in this circuit.


See Local Rule 36(c).

PER CURIAM:
Ryan ONeil Little, a federal prisoner, seeks to appeal
the district courts order denying reconsideration under Fed. R.
Civ. P. 60(b) of the courts prior order denying 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); see Reid v. Angelone, 369 F.3d 363, 368-69,
374 n.7 (4th Cir. 2004).
issue

absent

A certificate of appealability will not

substantial

constitutional right.

showing

of

the

denial

28 U.S.C. 2253(c)(2) (2000).

of

A prisoner

satisfies this standard by demonstrating that reasonable jurists


would

find

that

constitutional

the

claims

district
is

courts

debatable

and

assessment
that

any

of

his

dispositive

procedural rulings by the district court are also debatable or


wrong.

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 (4th Cir. 2001).

We have independently reviewed the

record and conclude that Little 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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