US v. Tiayon Evans
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
UNITED STATES OF AMERICA, Plaintiff - Appellee, v. TIAYON KARDELL EVANS, Defendant - Appellant.
Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Raymond A. Jackson, District Judge. (2:04-cr-00099-RAJ-1; 2:06-cv-00162-RAJ-JEB)
June 17, 2010
June 23, 2010
Before MOTZ and Circuit Judge.
Dismissed by unpublished per curiam opinion.
Tiayon Kardell Evans, Appellant Pro Se. Sherrie Scott Capotosto, Assistant United States Attorney, Norfolk, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM: Tiayon Kardell Evans seeks to appeal the district
court's order construing his motion to set aside the criminal judgment pursuant to 28 U.S.C.A. § 2255 (West Supp. 2010) and dismissing it as successive. a circuit justice or The order is not appealable unless judge issues a certificate of
appealability. 369 F.3d 363,
28 U.S.C. § 2253(c)(1) (2006); Reid v. Angelone, 369 (4th Cir. 2004). A certificate of
appealability will not issue absent "a substantial showing of the denial of a constitutional right." (2006). prisoner reasonable 28 U.S.C. § 2253(c)(2)
When the district court denies relief on the merits, a satisfies jurists this would standard find that by the demonstrating district that
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
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. a certificate with of appealability argument and
Accordingly, we deny the appeal. and We legal
contentions are adequately presented in the materials before the court and argument would not aid the decisional process.
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