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    United States v. Tabor, 4th Cir. (2003)

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    Felton Tabor sought to appeal the district court's denial of his petition for habeas corpus relief under 28 U.S.C. § 2255 and denial of his motion to reconsider. The Fourth Circuit Court of Appeals determined that Tabor did not make the requisite showing to receive a certificate of appealability, which is required to appeal the denial of habeas corpus relief. Specifically, Tabor did not demonstrate that reasonable jurists would find his constitutional claims debatable or that the district court's procedural rulings were debatable or wrong. As a result, the Fourth Circuit dismissed Tabor's appeal.

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    United States v. Tabor, 4th Cir. (2003)

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    Felton Tabor sought to appeal the district court's denial of his petition for habeas corpus relief under 28 U.S.C. § 2255 and denial of his motion to reconsider. The Fourth Circuit Court of Appeals determined that Tabor did not make the requisite showing to receive a certificate of appealability, which is required to appeal the denial of habeas corpus relief. Specifically, Tabor did not demonstrate that reasonable jurists would find his constitutional claims debatable or that the district court's procedural rulings were debatable or wrong. As a result, the Fourth Circuit dismissed Tabor's appeal.

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    Filed: 2003-12-22 Precedential Status: Non-Precedential Docket: 03-7367

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    Felton Tabor sought to appeal the district court's denial of his petition for habeas corpus relief under 28 U.S.C. § 2255 and denial of his motion to reconsider. The Fourth Circuit Court of Appeals determined that Tabor did not make the requisite showing to receive a certificate of appealability, which is required to appeal the denial of habeas corpus relief. Specifically, Tabor did not demonstrate that reasonable jurists would find his constitutional claims debatable or that the district court's procedural rulings were debatable or wrong. As a result, the Fourth Circuit dismissed Tabor's appeal.

    Copyright:

    Public Domain
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    20 views2 pages

    United States v. Tabor, 4th Cir. (2003)

    Uploaded by

    Scribd Government Docs
    Felton Tabor sought to appeal the district court's denial of his petition for habeas corpus relief under 28 U.S.C. § 2255 and denial of his motion to reconsider. The Fourth Circuit Court of Appeals determined that Tabor did not make the requisite showing to receive a certificate of appealability, which is required to appeal the denial of habeas corpus relief. Specifically, Tabor did not demonstrate that reasonable jurists would find his constitutional claims debatable or that the district court's procedural rulings were debatable or wrong. As a result, the Fourth Circuit dismissed Tabor's appeal.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 03-7367

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    versus
    FELTON TABOR,
    Defendant - Appellant.

    Appeal from the United States District Court for the District of
    South Carolina, at Greenville. Henry M. Herlong, Jr., District
    Judge. (CR-01-50, CA-03-2079-6-20)

    Submitted:

    December 11, 2003

    Decided:

    December 22, 2003

    Before NIEMEYER and MOTZ, Circuit Judges, and HAMILTON, Senior


    Circuit Judge.

    Dismissed by unpublished per curiam opinion.

    Melisa White Gay, GAY & ASSOCIATES, P.C., Mt. Pleasant, South
    Carolina, for Appellant.
    Regan Alexandra Pendleton, Assistant
    United States Attorney, Greenville, South Carolina, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Felton Tabor seeks to appeal the district courts order
    denying relief on his petition filed under 28 U.S.C. 2255 (2000)
    and the courts order denying his motion to reconsider pursuant to
    Fed. R. Civ. P. 59(e).

    The orders are appealable only if 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


    his constitutional claims are debatable and that any dispositive
    procedural rulings by the district court are also debatable or
    wrong.

    See Miller-El v. Cockrell, 537 U.S. 322, 336 (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
    Tabor 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

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