US v. Glenn Zebbs, III

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying for certificate of appealability Originating case number: 7:09-cr-01007-GRA-1,7:11-cv-70066-GRA Copies to all parties and the district court/agency. [998725954]. Mailed to: Glenn Everett Zebbs III. [11-7025]

Appeal: 11-7025

Document: 9

Date Filed: 11/18/2011

Page: 1 of 3

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 11-7025

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
GLENN EVERETT ZEBBS, III, a/k/a G,
Defendant - Appellant.

Appeal from the United States District Court for the District of
South Carolina, at Spartanburg.
G. Ross Anderson, Jr., Senior
District Judge. (7:09-cr-01007-GRA-1; 7:11-cv-70066-GRA)

Submitted:

November 15, 2011

Decided:

November 18, 2011

Before NIEMEYER and KEENAN, Circuit Judges, and HAMILTON, Senior
Circuit Judge.

Dismissed by unpublished per curiam opinion.

Glenn Everett Zebbs, III, Appellant Pro Se.
Elizabeth Jean
Howard, Assistant United States Attorney, Greenville, South
Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 11-7025

Document: 9

Date Filed: 11/18/2011

Page: 2 of 3

PER CURIAM:
Glenn Everett Zebbs, III, seeks to appeal the district
court’s order denying 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.
We

have

independently

reviewed

the

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

Zebbs has not made the requisite showing.
a

certificate

dispense

with

of

appealability

oral

argument

and

2

conclude

that

Accordingly, we deny

dismiss

because

and

the

the

appeal.

facts

and

We
legal

Appeal: 11-7025

Document: 9

Date Filed: 11/18/2011

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

3