US v. Rashawn Dawkin

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--granting Motion to supplement [998420819-2] Originating case number: 3:05-cr-00489-REP-1,3:08-cv-00543-REP Copies to all parties and the district court/agency. [998547147] [10-6813]

US v. Rashawn Dawkin

Doc. 0

Case: 10-6813

Document: 10

Date Filed: 03/17/2011

Page: 1

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 10-6813

UNITED STATES OF AMERICA, Plaintiff - Appellee, v. RASHAWN LAMAR DAWKINS, Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. Robert E. Payne, Senior District Judge. (3:05-cr-00489-REP-1; 3:08-cv-00543-REP)

Submitted:

March 15, 2011

Decided:

March 17, 2011

Before MOTZ and Circuit Judge.

WYNN,

Circuit

Judges,

and

HAMILTON,

Senior

Dismissed by unpublished per curiam opinion.

Rashawn Lamar Dawkins, Appellant Pro Se. Michael Ronald Gill, Angela Mastandrea-Miller, Assistant United States Attorneys, Richmond, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

Dockets.Justia.com

Case: 10-6813

Document: 10

Date Filed: 03/17/2011

Page: 2

PER CURIAM: Rashawn Lamar Dawkins seeks to appeal the district

court's orders denying relief on his 28 U.S.C.A. § 2255 (West Supp. 2010) motion and his motion for reconsideration. orders are not appealable unless a circuit justice or These judge

issues a certificate of appealability. (2006).

28 U.S.C. § 2253(c)(1)

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) (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

Dawkins

requisite

showing.

Accordingly, we deny a certificate of appealability and dismiss the appeal. brief. legal We grant Dawkins' motion to supplement his informal

We dispense with oral argument because the facts and contentions are adequately 2 presented in the materials

Case: 10-6813

Document: 10

Date Filed: 03/17/2011

Page: 3

before

the

court

and

argument

would

not

aid

the

decisional

process. DISMISSED

3