US v. Sterling Green
Filing
UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 4:06-cr-01322-TLW-4,4:11-cv-70078-TLW Copies to all parties and the district court/agency. [998794438]. Mailed to: Sterling Green. [11-7665]
Appeal: 11-7665
Document: 8
Date Filed: 02/23/2012
Page: 1 of 3
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 11-7665
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
STERLING VERNARD GREEN,
Defendant - Appellant.
Appeal from the United States District Court for the District of
South Carolina, at Florence.
Terry L. Wooten, District Judge.
(4:06-cr-01322-TLW-4; 4:11-cv-70078-TLW)
Submitted:
February 16, 2012
Decided:
February 23, 2012
Before SHEDD, KEENAN, and WYNN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Sterling Vernard Green, Appellant Pro Se. Alfred William Walker
Bethea, Jr., Assistant United States Attorney, Florence, South
Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
Appeal: 11-7665
Document: 8
Date Filed: 02/23/2012
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PER CURIAM:
Sterling Vernard Green seeks to appeal the district
court’s
order
dismissing
(West Supp. 2011) motion.
as
untimely
his
28
U.S.C.A.
§ 2255
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.”
28 U.S.C. § 2253(c)(2).
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
constitutional claims is debatable or wrong.
of
the
Slack v. McDaniel,
529 U.S. 473, 484 (2000); see Miller-El v. Cockrell, 537 U.S.
322, 336-38 (2003).
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
right.
denial
of
a
constitutional
Slack, 529 U.S. at 484-85.
We have independently reviewed the record and conclude
that Green 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
Appeal: 11-7665
Document: 8
Date Filed: 02/23/2012
Page: 3 of 3
contentions are adequately presented in the materials before the
court and argument would not aid the decisional process.
DISMISSED
3
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