US v. Johnny Wesley
Filing
UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 1:97-cr-00382-HCM-2 Copies to all parties and the district court/agency. [998418313] [10-6806]
US v. Johnny Wesley
Doc. 0
Case: 10-6806 Document: 6
Date Filed: 09/03/2010
Page: 1
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-6806 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. JOHNNY LEE WESLEY, Defendant - Appellant.
Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Henry Coke Morgan, Jr., Senior District Judge. (1:97-cr-00382-HCM-2) Submitted: August 26, 2010 Decided: September 3, 2010
Before KING and DUNCAN, Circuit Judges, and HAMILTON, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Johnny Lee Wesley, Appellant Pro Se. James L. Trump, Assistant United States Attorney, Alexandria, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit.
Dockets.Justia.com
Case: 10-6806 Document: 6
Date Filed: 09/03/2010
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PER CURIAM: Johnny Lee Wesley seeks to appeal the district court's order 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.A. § 2255 (West Supp. 2010) motion. not appealable unless a circuit justice or The order is issues a
judge
certificate of appealability. Reid v. Angelone, of 369 F.3d
28 U.S.C. § 2253(c)(1) (2006); 363, will 369 not (4th issue Cir. 2004). "a
A certificate
appealability
absent
substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2) (2006). relief on the merits, that a When the district court denies satisfies would this standard that claims 473, by the is 484
prisoner
demonstrating district debatable
reasonable of v.
jurists the
find
court's or
assessment Slack
constitutional 529 U.S.
wrong.
McDaniel,
(2000); see Miller-El v. Cockrell, 537 U.S. 322, 336-38 (2003). When the district court denies relief on procedural grounds, the prisoner must demonstrate both that the dispositive procedural ruling is debatable, and that the motion states a debatable
claim of the denial of a constitutional right. at 484-85. that We have independently has not made reviewed the
Slack, 529 U.S. the record and
conclude
Wesley
requisite
showing.
Accordingly, we deny a certificate of appealability and dismiss the appeal. We dispense with oral argument because the facts 2
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Date Filed: 09/03/2010
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and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional
process. DISMISSED
3
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