United States of America v. Percy Joe Fisher

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 06-7907
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
PERCY JOE FISHER,
Defendant - Appellant.
Appeal from the United States District Court for the Middle
District of North Carolina, at Salisbury. William L. Osteen,
Senior District Judge. (4:94-cr-00137-WLO; 4:96-cv-00905-WLO)
Submitted: May 31, 2007 Decided: June 5, 2007
Before WILKINSON, TRAXLER, and GREGORY, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Percy Joe Fisher, Appellant Pro Se. Lisa Blue Boggs, Assistant
United States Attorney, Greensboro, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Percy Joe Fisher seeks to appeal the district court’s
order accepting the recommendation of the magistrate judge and
denying his Fed. R. Civ. P. 60(b) motion for reconsideration of the
district court’s order denying relief on his 28 U.S.C. § 2255
(2000) motion. The order is not appealable unless a circuit
justice or judge issues a certificate of appealability. 28 U.S.C.
§ 2253(c)(1) (2000); Reid v. Angelone, 369 F.3d 363, 369 (4th Cir.
2004). 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 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 Fisher 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

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presented in the materials before the court and argument would not
aid the decisional process.
DISMISSED

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