US v. Willie Mosley

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 3:07-cr-00044-JPB-JSK-1,3:09-cv-00006-JPB-JSK. Copies to all parties and the district court/agency. [998661215]. Mailed to: Willie Mosley. [11-6561]

Appeal: 11-6561

Document: 10

Date Filed: 08/23/2011

Page: 1 of 3

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 11-6561

UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
WILLIE LEE MOSLEY,
Defendant – Appellant.

Appeal from the United States District Court for the Northern
District of West Virginia, at Martinsburg. John Preston Bailey,
Chief District Judge.
(3:07-cr-00044-JPB-JSK-1; 3:09-cv-00006JPB-JSK)

Submitted:

August 18, 2011

Decided:

August 23, 2011

Before WILKINSON, DAVIS, and KEENAN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Willie Lee Mosley, Appellant Pro Se.
Erin K. Reisenweber,
Assistant United States Attorney, Martinsburg, West Virginia,
for Appellee.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 11-6561

Document: 10

Date Filed: 08/23/2011

Page: 2 of 3

PER CURIAM:
Willie Lee Mosley seeks to appeal the district court’s
order accepting the recommendation of the magistrate judge and
denying

relief

motion.

The order is not appealable unless a circuit justice or

judge

issues

on

a

his

absent

“a

U.S.C.A.

certificate

§ 2253(c)(1)(B) (2006).
issue

28

of

2255

(West

Supp.

appealability.

28

2011)

U.S.C.

A certificate of appealability will not

substantial

constitutional right.”

§

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.

Slack,

We have independently reviewed the record

and conclude that Mosley 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: 11-6561

before

Document: 10

the

court

Date Filed: 08/23/2011

and

argument

would

Page: 3 of 3

not

aid

the

decisional

process.
DISMISSED

3