US v. Corey Joyner

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case numbers: 2:07-cr-00016-F-1,2:08-cv-00034-F. Copies to all parties and the district court/agency. [998479532] [10-7158]

Download PDF
US v. Corey Joyner Doc. 0 Case: 10-7158 Document: 10 Date Filed: 12/06/2010 Page: 1 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-7158 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. COREY LEVON JOYNER, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of North Carolina, at Elizabeth City. James C. Fox, Senior District Judge. (2:07-cr-00016-F-1; 2:08-cv-00034-F) Submitted: November 30, 2010 Decided: December 7, 2010 Before WILKINSON, KEENAN, and WYNN, Circuit Judges. Affirmed in part; dismissed in part by unpublished per curiam opinion. Corey Levon Joyner, Appellant Pro Se. Jennifer P. May-Parker, Rudolf A. Renfer, Jr., Assistant United States Attorneys, Raleigh, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. Dockets.Justia.com Case: 10-7158 Document: 10 Date Filed: 12/06/2010 Page: 2 PER CURIAM: Corey Levon Joyner seeks to appeal the district court's order denying relief on his motions filed pursuant to 28 U.S.C.A. (2006). 2255 (West Supp. 2010), and 18 U.S.C. 3582(c) The district court's denial of Joyner's 2255 motion is not appealable unless a circuit justice or judge issues a certificate of appealability. certificate of appealability 28 U.S.C. 2253(c)(1) (2006). will not issue absent A "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 Joyner requisite showing. Accordingly, we deny a certificate of appealability and dismiss the portion of the appeal denying 2255 relief. 2 Case: 10-7158 Document: 10 Date Filed: 12/06/2010 Page: 3 Turning 3582(c) motion, to we the district court's the denial record of and Joyner's find no have reviewed reversible error. Accordingly, we affirm this portion of the United order for the reasons stated by the district court. States v. Joyner, Nos. 2:07-cr-00016-F-1; 2:08-cv-00034-F (E.D.N.C. Aug. 4, 2010). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. AFFIRMED IN PART; DISMISSED IN PART 3

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?