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    United States v. Foster, 4th Cir. (2006)

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    The United States Court of Appeals for the Fourth Circuit dismissed Nathan Lee Foster's appeal of the district court's denial of his motion for reconsideration of the denial of his 28 U.S.C. § 2255 motion. The court determined that Foster did not make the requisite showing to warrant issuing a certificate of appealability, as he did not demonstrate that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong. Therefore, the court dismissed Foster's appeal.

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    United States v. Foster, 4th Cir. (2006)

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    The United States Court of Appeals for the Fourth Circuit dismissed Nathan Lee Foster's appeal of the district court's denial of his motion for reconsideration of the denial of his 28 U.S.C. § 2255 motion. The court determined that Foster did not make the requisite showing to warrant issuing a certificate of appealability, as he did not demonstrate that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong. Therefore, the court dismissed Foster's appeal.

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    Filed: 2006-10-17 Precedential Status: Non-Precedential Docket: 06-6174

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    The United States Court of Appeals for the Fourth Circuit dismissed Nathan Lee Foster's appeal of the district court's denial of his motion for reconsideration of the denial of his 28 U.S.C. § 2255 motion. The court determined that Foster did not make the requisite showing to warrant issuing a certificate of appealability, as he did not demonstrate that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong. Therefore, the court dismissed Foster's appeal.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
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    12 views2 pages

    United States v. Foster, 4th Cir. (2006)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit dismissed Nathan Lee Foster's appeal of the district court's denial of his motion for reconsideration of the denial of his 28 U.S.C. § 2255 motion. The court determined that Foster did not make the requisite showing to warrant issuing a certificate of appealability, as he did not demonstrate that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong. Therefore, the court dismissed Foster's appeal.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 06-6174

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    versus
    NATHAN LEE FOSTER, a/k/a Plum,
    Defendant - Appellant.

    Appeal from the United States District Court for the Eastern
    District of North Carolina, at Raleigh.
    James C. Fox, Senior
    District Judge. (CR-03-319-F; CA-05-553-5-F)

    Submitted:

    September 22, 2006

    Decided:

    October 17, 2006

    Before WILLIAMS, MICHAEL, and SHEDD, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Nathan Lee Foster, Appellant Pro Se.


    Winnie Jordan Reaves,
    Assistant United States Attorney, Raleigh, North Carolina, for
    Appellee.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Nathan Lee Foster seeks to appeal the district courts
    order denying relief on his motion for reconsideration pursuant to
    Fed. R. Civ. P. 60(b), of the denial of his 28 U.S.C. 2255 (2000)
    motion.
    judge

    The order is not appealable unless a circuit justice or


    issues

    certificate

    of

    appealability.

    28

    U.S.C.

    2253(c)(1) (2000); Reid v. Angelone, 369 F.3d 363, 367-69 (4th


    Cir. 2004).

    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 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 Foster 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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