US v. Eugene Talik, Jr.

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 5:06-cr-00051-FPS-JES-1,5:09-cv-00047-FPS-JES Copies to all parties and the district court/agency. [998575740]. Mailed to: Talik. [10-7402]

Appeal: 10-7402

Document: 8

Date Filed: 04/26/2011

Page: 1 of 3

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 10-7402

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
EUGENE J. TALIK, JR.,
Defendant - Appellant.

Appeal from the United States District Court for the Northern
District of West Virginia, at Wheeling.
Frederick P. Stamp,
Jr., Senior District Judge.
(5:06-cr-00051-FPS-JFS-1; 5:09-cv00047-FPS-JFS)

Submitted:

April 21, 2011

Decided:

April 26, 2011

Before WILKINSON, GREGORY, and DUNCAN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Eugene J. Talik, Jr., Appellant Pro Se. Robert Hugh McWilliams,
Jr., John Castle Parr, Assistant United States Attorneys,
Wheeling, West Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 10-7402

Document: 8

Date Filed: 04/26/2011

Page: 2 of 3

PER CURIAM:
Eugene J. Talik, Jr., seeks to appeal the district
court’s

order

accepting

the

recommendation

of

the

magistrate

judge and denying relief on his 28 U.S.C.A. § 2255 (West Supp.
2010) motion.
justice

or

The order is not appealable unless a circuit

judge

issues

a

U.S.C. § 2253(c)(1) (2006).
not

issue

absent

“a

constitutional right.”

certificate

of

appealability.

28

A certificate of appealability will

substantial

showing

of

the

denial

28 U.S.C. § 2253(c)(2) (2006).

of

a

When the

district court denies relief on the merits, a prisoner satisfies
this

standard

by

demonstrating

that

reasonable

jurists

would

find that the district court’s assessment of the constitutional
claims is debatable or wrong.

Slack v. McDaniel, 529 U.S. 473,

484

Cockrell,

(2000);

(2003).

see

Miller-El

v.

537

U.S.

322,

336-38

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.
529 U.S. at 484-85.
and

conclude

that

Slack,

We have independently reviewed the record
Talik

has

not

made

the

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

Appeal: 10-7402

before

Document: 8

Date Filed: 04/26/2011

the

and

court

argument

would

Page: 3 of 3

not

aid

the

decisional

process.
DISMISSED

3