United States v. Leslie
182 F. App'x 267
4th Cir.
2006
Check Treatment
Docket

UNITED STATES of America, Plaintiff—Appellee, v. Neville Sylvester LESLIE, Defendant—Appellant.

No. 06-6059.

United States Court of Appeals, Fourth Circuit.

Submitted: May 18, 2006. Decided: May 31, 2006.

183 Fed. Appx. 267

Neville Sylvester Leslie, Appellant Pro Se. Rebeca Hidalgo Bellows, Assistant United States Attorney, Alexandria, Virginia, for Appellee.

Before WIDENER and WILKINSON, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).

PER CURIAM:

Neville Sylvester Leslie, a federal prisoner, seeks to appeal the district court‘s order construing his Fed.R.Civ.P. 52(b) motion as a successive motion under 28 U.S.C. § 2255 (2000), and dismissing it for lack of jurisdiction. 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 right.” 28 U.S.C. § 2253(c)(2) (2000). A prisoner satisfies this standard by demonstrating that reasonable jurists would find that the district court‘s assessment of his constitutional claims is debatable or wrong and that any dispositive procedural rulings by the district court are also debatable or wrong. See ; ; . We have independently reviewed the record and conclude that Leslie 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.