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United States v. Wise

United States District Court, D. South Carolina, Columbia Division

July 22, 2014

United States of America,
v.
Alvin Jerome Wise, Defendant.

OPINION and ORDER

CAMERON McGOWAN CURRIE, Senior District Judge.

Defendant, proceeding pro se, seeks relief in this court pursuant to 28 U.S.C. § 2255. ECF No. 106. Defendant asserts four claims for relief. The Government filed a motion for summary judgment. Pursuant to Roseboro v. Garrison, 528 F.2d 309 (4th Cir. 1975), the court advised Defendant of the summary judgment procedure and the consequences if he failed to respond. Defendant has responded to the Government's motion.

The court has reviewed the complete record in this case. For the reasons stated in the Government's memorandum in support of its summary judgment motion, summary judgment is appropriate.[1] Accordingly, the court adopts these reasons as its findings and grants the Government's motion for summary judgment as to Defendant's claims for relief in his § 2255 motion.

IT IS THEREFORE ORDERED that the Government's Motion for Summary Judgment as to all of Defendant's claims is granted. The motion under 28 U.S.C. § 2255 is dismissed with prejudice.

CERTIFICATE OF APPEALABILITY

The governing law provides that:

(c)(2) A certificate of appealability may issue... only if the applicant has made a substantial showing of the denial of a constitutional right.
(c)(3) The certificate of appealability... shall indicate which specific issue or issues satisfy the showing required by paragraph (2).

28 U.S.C. § 2253(c). A prisoner satisfies this standard by demonstrating that reasonable jurists would find this court's assessment of his constitutional claims is debatable or wrong and that any dispositive procedural ruling by the district court is likewise debatable. 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). In this case, the legal standard for the issuance of a certificate of appealability has not been met. Therefore, a certificate of appealability is denied.

IT IS SO ORDERED.


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