US v. Demorris Allen

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 3:05-cr-00390-RJC-CH-10,3:10-cv-00448-RJC Copies to all parties and the district court/agency. [998561923]. Mailed to: Demorris Tyrese Allen, FCI WILLIAMSBURG FEDERAL CORRECTIONAL INSTITUTION, P. O. Box 340, Salters, SC 29590-0000. [10-7497]

Case: 10-7497

Document: 7

Date Filed: 04/06/2011

Page: 1

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 10-7497

UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
DEMORRIS TYRESE ALLEN,
Defendant – Appellant.

Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte.
Robert J. Conrad,
Jr., Chief District Judge.
(3:05-cr-00390-RJC-CH-10; 3:10-cv00448-RJC)

Submitted:

March 31, 2011

Decided:

April 6, 2011

Before NIEMEYER, SHEDD, and AGEE, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Demorris Tyrese Allen, Appellant Pro Se.
Amy Elizabeth Ray,
Assistant United States Attorney, Asheville, North Carolina, for
Appellee.

Unpublished opinions are not binding precedent in this circuit.

Case: 10-7497

Document: 7

Date Filed: 04/06/2011

Page: 2

PER CURIAM:
Demorris

Tyrese

Allen

seeks

to

appeal

the

district

court’s order denying relief on his 28 U.S.C.A. § 2255 (West
Supp.

2010)

motion.

The

order

is

not

appealable

unless

a

circuit justice or judge issues a certificate of appealability.
28 U.S.C. § 2253(c)(1) (2006).

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).

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
Allen

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

Case: 10-7497

before

the

court

Document: 7

and

Date Filed: 04/06/2011

argument

would

not

aid

Page: 3

the

decisional

process.
DISMISSED

3