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Appeal Dismissal in Cobb Case

This document summarizes a court case in which Johnny O'Neal Cobb sought to appeal a district court's denial of his 28 U.S.C. § 2255 motion for post-conviction relief. The appeals court independently reviewed the record and determined that Cobb did not make the requisite showing to satisfy the standards for issuing a certificate of appealability. Specifically, he did not demonstrate that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong. Therefore, the appeals court denied the certificate of appealability and dismissed Cobb's appeal.

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51 views2 pages

Appeal Dismissal in Cobb Case

This document summarizes a court case in which Johnny O'Neal Cobb sought to appeal a district court's denial of his 28 U.S.C. § 2255 motion for post-conviction relief. The appeals court independently reviewed the record and determined that Cobb did not make the requisite showing to satisfy the standards for issuing a certificate of appealability. Specifically, he did not demonstrate that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong. Therefore, the appeals court denied the certificate of appealability and dismissed Cobb's appeal.

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UNPUBLISHED

UNITED STATES COURT OF APPEALS


FOR THE FOURTH CIRCUIT

No. 08-8007

UNITED STATES OF AMERICA,


Plaintiff Appellee,
v.
JOHNNY ONEAL COBB, a/k/a Tip,
Defendant Appellant.

Appeal from the United States District Court for the District of
South Carolina, at Columbia.
Cameron McGowan Currie, District
Judge. (3:04-cr-00171-CMC-1; 3:08-cv-70063-CMC)

Submitted:

January 15, 2009

Before MOTZ and


Circuit Judge.

SHEDD,

Circuit

Decided:

Judges,

and

January 23, 2009

HAMILTON,

Senior

Dismissed by unpublished per curiam opinion.

Johnny ONeal Cobb, Appellant Pro Se.


Stacey Denise Haynes,
Assistant United States Attorney, Columbia, South Carolina, for
Appellee.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:
Johnny
courts

order

motion.
judge

ONeal

denying

relief

seeks
on

to

appeal

28

U.S.C.

his

the

district

2255

(2000)

The order is not appealable unless a circuit justice or


issues

certificate

2253(c)(1) (2000).
issue

Cobb

absent

constitutional
prisoner
reasonable

substantial

satisfies

constitutional

appealability.

28

U.S.C.

A certificate of appealability will not

right.

jurists

of

28

this

by

U.S.C.

find
the

of

the

2253(c)(2)

standard

would

claims

showing

that

by

of

(2000).

demonstrating

any

district

denial

assessment

court

is

a
A

that

of

debatable

the
or

wrong and that any dispositive procedural ruling by the district


Miller-El v. Cockrell, 537 U.S.

court is likewise debatable.

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 Cobb 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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