US v. Grant Turner
Filing
UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 1:01-cr-00209-NCT-1,1:09-cv-00433-NCT-PTS Copies to all parties and the district court/agency. [998787869]. Mailed to: Grant Turner. [11-7176]
Appeal: 11-7176
Document: 9
Date Filed: 02/14/2012
Page: 1 of 3
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 11-7176
UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
GRANT LEON TURNER,
Defendant - Appellant.
Appeal from the United States District Court for the Middle
District of North Carolina, at Greensboro.
N. Carlton Tilley,
Jr.,
Senior
District
Judge.
(1:10-cr-00209-NCT-1;
1:09-cv-00433-NCT-PTS)
Submitted:
February 9, 2012
Decided:
February 14, 2012
Before WILKINSON, AGEE, and FLOYD, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Grant Leon Turner, Appellant Pro Se. Angela Hewlett Miller,
Terri-Lei
O’Malley,
Assistant
United
States
Attorneys,
Greensboro, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
Appeal: 11-7176
Document: 9
Date Filed: 02/14/2012
Page: 2 of 3
PER CURIAM:
Grant Leon Turner seeks to appeal the district court’s
order denying relief on his 28 U.S.C.A. § 2255 (West Supp. 2011)
motion.
judge
The order is not appealable unless a circuit justice or
issues
a
certificate
§ 2253(c)(1)(B) (2006).
issue
absent
“a
of
28
U.S.C.
A certificate of appealability will not
substantial
constitutional right.”
appealability.
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 Turner 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: 11-7176
before
Document: 9
Date Filed: 02/14/2012
the
and
court
argument
would
Page: 3 of 3
not
aid
the
decisional
process.
DISMISSED
3
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?