US v. Anthony Mangum

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying updating certificate of appealability status Originating case number: 1:06-cr-00058-NCT-1,1:09-cv-00817-NCT-PTS Copies to all parties and the district court/agency. [998849316]. Mailed to: Anthony Mangum. [11-7525]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 11-7525

UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
ANTHONY WAYNE MANGUM,
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.
(1:06-cr-00058-NCT-1; 1:09-cv00817-NCT-PTS)

Submitted:

April 27, 2012

Decided:

May 8, 2012

Before WILKINSON, MOTZ, and KEENAN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Anthony Wayne Mangum, Appellant Pro Se. Angela Hewlett Miller,
Assistant United States Attorney, Greensboro, North Carolina,
for Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Anthony
court’s

order

Wayne

Mangum

accepting

the

seeks

to

appeal

recommendation

of

the
the

district

magistrate

judge and denying relief on his 28 U.S.C.A. § 2255 (West Supp.
2011) motion.
justice

or

The order is not appealable unless a circuit

judge

issues

a

certificate

U.S.C. § 2253(c)(1)(B) (2006).

of

appealability.

28

A certificate of appealability

will not issue absent “a substantial showing of the denial of a
constitutional right.”

28 U.S.C. § 2253(c)(2) (2006).

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.

Slack,

529 U.S. at 484-85.
We have independently reviewed the record and conclude
that Mangum has not made the requisite showing.

Accordingly, we

deny a certificate of appealability and dismiss the appeal.
dispense

with

oral

argument

because

2

the

facts

and

We

legal

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

3