US v. Anthony Wilson

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 3:02-cr-00548-CMC-10,3:10-cv-70232-CMC Copies to all parties and the district court/agency. [998630452].. [11-6097]

Appeal: 11-6097

Document: 11

Date Filed: 07/13/2011

Page: 1 of 4

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 11-6097

UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
ANTHONY KEITH WILSON,
Defendant – Appellant,
v.
RANDY MARTIN; LUTHER BRYAN; ALISIA H. AKBAR; LACARIA BROWN;
GEORGEAN
MCCONNELL;
GUSSIE
D.
NOLLKAMPER;
FLORENCE
NOLLKAMPER; PHYLLIS ROLAND; CHRISTOPHER M. MORRIS; LAVACA
COUNTY TEXAS; JOSEPH E. MCCONNELL; JOHN M. WARTHER; WELLS
FARGO HOME MORTGAGE, INCORPORATED; CHERYL L. AMAKER; DONNA
C. ADKINS; CHASE MANHATTAN MORTGAGE CORPORATION,
Parties-in-Interest.

Appeal from the United States District Court for the District of
South Carolina, at Columbia.
Cameron McGowan Currie, District
Judge. (3:02-cr-00548-CMC-10; 3:10-cv-70232-CMC)

Submitted:

June 22, 2011

Decided:

Before NIEMEYER, MOTZ, and DUNCAN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

July 13, 2011

Appeal: 11-6097

Document: 11

Date Filed: 07/13/2011

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Anthony Keith Wilson, Appellant Pro Se.
Beth Drake, Mark C.
Moore, Jane Barrett Taylor, Assistant United States Attorneys,
Columbia, South Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

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Date Filed: 07/13/2011

Page: 3 of 4

PER CURIAM:
Anthony

Keith

Wilson

seeks

to

appeal

the

district

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

2010)

appealable

motion.
unless

a

The

district

circuit

certificate of appealability.
A

certificate

of

court’s

justice

or

order

judge

is

issues

not
a

28 U.S.C. § 2253(c)(1)(B) (2006).

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

demonstrating
district
debatable

merits,
that

court’s
or

a

When the district court denies

prisoner

reasonable

assessment

wrong.

Slack

satisfies

jurists

this

would

of

the

v.

McDaniel,

standard

find

that

U.S.

the

claims

constitutional
529

by

is

473,

484

(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.

Slack, 529 U.S.

at

the

484-85.

conclude

We

that

have

Wilson

independently
has

not

made

reviewed
the

record

requisite

and

showing.

Accordingly, we deny a certificate of appealability and dismiss
Wilson’s appeal.
facts

and

legal

We dispense with oral argument because the
contentions

are

3

adequately

presented

in

the

Appeal: 11-6097

Document: 11

materials

before

Date Filed: 07/13/2011

the

court

and

Page: 4 of 4

argument

would

not

aid

the

decisional process.

DISMISSED

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