US v. Perren Lane

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case numbers: 1:07-cr-00427-JAB-1,1:10-cv-00533-JAB-PTS. Copies to all parties and the district court/agency. [998704956]. Mailed to: Perren Lamonte Lane. [11-6625]

Appeal: 11-6625

Document: 6

Date Filed: 10/20/2011

Page: 1 of 3

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 11-6625

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
PERREN LAMONTE LANE,
Defendant - Appellant.

Appeal from the United States District Court for the Middle
District of North Carolina, at Greensboro. James A. Beaty, Jr.,
Chief District Judge.
(1:07-cr-00427-JAB-1; 1:10-cv-00533-JABPTS)

Submitted:

October 18, 2011

Decided:

October 20, 2011

Before WILKINSON, MOTZ, and DIAZ, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Perren Lamonte Lane, Appellant Pro Se.
Lisa Blue Boggs,
Assistant United States Attorney, Greensboro, North Carolina,
for Appellee.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 11-6625

Document: 6

Date Filed: 10/20/2011

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PER CURIAM:
Perren
court’s

order

Lamonte

Lane

seeks

the

magistrate

accepting

to

appeal

the

judge’s

district

report

and

recommendation to deny relief on his 28 U.S.C.A. § 2255 (West
Supp.

2011)

motion.

The

order

is

not

appealable

unless

a

circuit justice or judge issues a certificate of appealability.
28

U.S.C.

§ 2253(c)(1)(B)

(2006).

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.

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

We have independently reviewed the record and conclude that Lane
has not made the requisite showing.
certificate
dispense

of

with

appealability
oral

and

argument

dismiss

because

2

Accordingly, we deny a

the

the

appeal.

facts

and

We
legal

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Date Filed: 10/20/2011

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

DISMISSED

3