US v. Jermaine Betea

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 1:09-cv-01414-CMH,1:06-cr-00305-CMH-7 Copies to all parties and the district court/agency. [998548350]. Mailed to: Jermaine Betea. [10-7015]

US v. Jermaine Betea

Doc. 0

Case: 10-7015

Document: 10

Date Filed: 03/18/2011

Page: 1

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 10-7015

UNITED STATES OF AMERICA, Plaintiff ­ Appellee, v. JERMAINE BETEA, Defendant ­ Appellant.

Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Claude M. Hilton, Senior District Judge. (1:09-cv-01414-CMH; 1:06-cr-00305-CMH-7)

Submitted:

March 11, 2011

Decided:

March 18, 2011

Before GREGORY and KEENAN, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Jermaine Betea, Appellant Pro Se. James Philip Gillis, Michael Edward Rich, Assistant United States Attorneys, Alexandria, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

Dockets.Justia.com

Case: 10-7015

Document: 10

Date Filed: 03/18/2011

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PER CURIAM: Jermaine Betea seeks to appeal the district court's orders denying relief on his 28 U.S.C.A. § 2255 (West Supp.

2010) motion and denying his motion to alter or amend judgment. The orders are not appealable unless a circuit justice or 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

Betea

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 presented in the materials

2

Case: 10-7015

Document: 10

Date Filed: 03/18/2011

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before

the

court

and

argument

would

not

aid

the

decisional

process. DISMISSED

3