US v. Eugene Cousin

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 5:06-cr-00008-gec-mfu-1,5:09-cv-80169-gec-mfu Copies to all parties and the district court/agency. [998639762]. Mailed to: Eugene Cousins. [11-6485]

Appeal: 11-6485

Document: 11

Date Filed: 07/26/2011

Page: 1 of 3

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 11-6485

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
EUGENE ROSS COUSINS,
Defendant - Appellant.

Appeal from the United States District Court for the Western
District of Virginia, at Harrisonburg.
Glen E. Conrad, Chief
District Judge.
(5:06-cr-00008-gec-mfu-1; 5:09-cv-80169-gecmfu)

Submitted:

July 21, 2011

Before NIEMEYER and
Senior Circuit Judge.

GREGORY,

Decided:

Circuit

Judges,

July 26, 2011

and

HAMILTON,

Dismissed by unpublished per curiam opinion.

Eugene Ross Cousins, Appellant Pro Se.
Jeb Thomas Terrien,
Assistant United States Attorney, Harrisonburg, Virginia, for
Appellee.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 11-6485

Document: 11

Date Filed: 07/26/2011

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PER CURIAM:
Eugene
court’s

order

Ross

Cousins

denying

his

seeks

Fed.

R.

to

appeal

Civ.

P.

the

60(b)

district

motion

for

relief from the district court’s order denying his 28 U.S.C.A.
§ 2255 (West Supp. 2011) motion.
unless

a

circuit

appealability.

justice

or

The order is not appealable

judge

issues

a

certificate

28 U.S.C. § 2253(c)(1)(B) (2006).

of

A certificate

of appealability will not issue absent “a substantial showing of
the denial of a constitutional right.”
(2006).

28 U.S.C. § 2253(c)(2)

When the district court denies relief on the merits, a

prisoner

satisfies

this

jurists

would

reasonable

standard
find

by

that

demonstrating

the

district

that

court’s

assessment of the constitutional claims is debatable or wrong.
Slack v. McDaniel, 529 U.S. 473, 484 (2000); see Miller-El v.
Cockrell, 537 U.S. 322, 336-38 (2003).
denies

relief

demonstrate

on

both

procedural

that

the

When the district court

grounds,

dispositive

the

prisoner

procedural

must

ruling

is

debatable, and that the motion states a debatable claim of the
denial of a constitutional right.
We

have

independently

reviewed

the

Slack, 529 U.S. at 484-85.
record

Cousins has not made the requisite showing.

and

conclude

that

Accordingly, we

deny a certificate of appealability and dismiss the appeal.
dispense

with

oral

argument

because

2

the

facts

and

We

legal

Appeal: 11-6485

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Date Filed: 07/26/2011

Page: 3 of 3

contentions are adequately presented in the materials before the
court and argument would not aid the decisional process.
DISMISSED

3