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    United States v. Savage, 4th Cir. (2008)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit regarding an appeal by Daryl Savage of the district court's denial of his 28 U.S.C. § 2255 motion. The court determines that Savage has not made the requisite showing to receive a certificate of appealability. Specifically, he has not demonstrated that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong or that any dispositive procedural rulings were debatable. Therefore, the court denies Savage a certificate of appealability and dismisses his appeal.

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    United States v. Savage, 4th Cir. (2008)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit regarding an appeal by Daryl Savage of the district court's denial of his 28 U.S.C. § 2255 motion. The court determines that Savage has not made the requisite showing to receive a certificate of appealability. Specifically, he has not demonstrated that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong or that any dispositive procedural rulings were debatable. Therefore, the court denies Savage a certificate of appealability and dismisses his appeal.

    Original Description:

    Filed: 2008-04-03 Precedential Status: Non-Precedential Docket: 07-7536

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit regarding an appeal by Daryl Savage of the district court's denial of his 28 U.S.C. § 2255 motion. The court determines that Savage has not made the requisite showing to receive a certificate of appealability. Specifically, he has not demonstrated that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong or that any dispositive procedural rulings were debatable. Therefore, the court denies Savage a certificate of appealability and dismisses his appeal.

    Copyright:

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

    United States v. Savage, 4th Cir. (2008)

    Uploaded by

    Scribd Government Docs
    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit regarding an appeal by Daryl Savage of the district court's denial of his 28 U.S.C. § 2255 motion. The court determines that Savage has not made the requisite showing to receive a certificate of appealability. Specifically, he has not demonstrated that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong or that any dispositive procedural rulings were debatable. Therefore, the court denies Savage a certificate of appealability and dismisses his appeal.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 07-7536

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    v.
    DARYL SAVAGE,
    Defendant - Appellant.

    Appeal from the United States District Court for the District of
    Maryland, at Baltimore. William D. Quarles, Jr., District Judge.
    (1:04-cr-00096-WDQ; 1:07-cv-01085-WDQ)

    Submitted:

    March 18, 2008

    Decided:

    April 3, 2008

    Before MICHAEL and SHEDD, Circuit Judges, and HAMILTON, Senior


    Circuit Judge.

    Dismissed by unpublished per curiam opinion.

    Daryl Savage, Appellant Pro Se. Debra L. Dwyer, Assistant United


    States Attorney, Baltimore, Maryland, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Daryl Savage seeks to appeal the district courts order
    denying relief on his 28 U.S.C. 2255 (2000) motion.
    not

    appealable

    unless

    circuit

    certificate of appealability.

    justice

    or

    The order is

    judge

    issues

    28 U.S.C. 2253(c)(1) (2000).

    certificate of appealability will not issue absent a substantial


    showing of the denial of a constitutional right.

    2253(c)(2)

    demonstrating

    (2000).
    that

    prisoner

    reasonable

    satisfies

    jurists

    would

    this

    28 U.S.C.
    standard

    find

    that

    by
    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 Savage 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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