US v. Balford Evans

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 8:06-cr-00415-AW-1,8:08-cv-00068-AW Copies to all parties and the district court/agency. [998421996] [09-6778]

US v. Balford Evans

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Case: 09-6778 Document: 20

Date Filed: 09/10/2010

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-6778 UNITED STATES OF AMERICA, Plaintiff ­ Appellee, v. BALFORD EVANS, Defendant ­ Appellant.

Appeal from the United States District Court for the District of Maryland, at Greenbelt. Alexander Williams, Jr., District Judge. (8:06-cr-00415-AW-1; 8:08-cv-00068-AW) Submitted: August 17, 2010 Decided: September 10, 2010

Before NIEMEYER, MOTZ, and GREGORY, Circuit Judges. Dismissed by unpublished per curiam opinion. Balford Evans, Appellant Pro Se. Assistant United States Attorney, Appellee. Barbara Suzanne Skalla, Greenbelt, Maryland, for

Unpublished opinions are not binding precedent in this circuit.

Dockets.Justia.com

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PER CURIAM: Balford Evans seeks to appeal the district court's

order denying relief on his 28 U.S.C.A. § 2255 (West Supp. 2010) motion. judge The order is not appealable unless a circuit justice or issues a certificate of appealability. 28 U.S.C.

§ 2253(c)(1) (2006). issue absent "a

A certificate of appealability will not showing of the denial of a

substantial

constitutional right."

28 U.S.C. § 2253(c)(2) (2006).

When the district court denies relief on the merits, a prisoner reasonable satisfies jurists this would standard find that by the demonstrating district that

court's

assessment of the constitutional claims is debatable or wrong. Slack v. McDaniel, 529 U.S. 473, 484 (2000); see Miller-El v. Cockrell, 537 U.S. 322, 336-38 (2003). denies relief both on procedural the When the district court the prisoner ruling must is

grounds,

demonstrate

that

dispositive

procedural

debatable, and that the motion states a debatable claim of the denial of a constitutional right. We have independently reviewed the Slack, 529 U.S. at 484-85. record and conclude that

Evans has not made the requisite showing. Accordingly, and dismiss the appeal. we deny a certificate of appealability

We dispense with oral argument because

the facts and legal contentions are adequately presented in the

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materials

before

the

court

and

argument

would

not

aid

the

decisional process. DISMISSED

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