US v. Craig Winkey

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying leave to proceed in forma pauperis [9]; denying certificate of appealability. Originating case number: 1:06-cr-00207-CCB-1,1:11-cv-02017-CCB. Copies to all parties and the district court/agency. [998899090]. Mailed to: Craig Winkey. [12-6340]--[Edited 07/20/2012 by JSN]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 12-6340

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
CRAIG WINKEY,
Defendant - Appellant.

Appeal from the United States District Court for the District of
Maryland, at Baltimore.
Catherine C. Blake, District Judge.
(1:06-cr-00207-CCB-1; 1:11-cv-02017-CCB)

Submitted:

July 17, 2012

Decided:

July 20, 2012

Before SHEDD, DUNCAN, and KEENAN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Craig Winkey, Appellant Pro Se.
Debra Lynn Dwyer, Assistant
United States Attorney, Baltimore, Maryland, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Craig

Winkey

seeks

to

appeal

the

district

court’s

order denying relief on his 28 U.S.C.A. § 2255 (West Supp. 2012)
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.

Slack,

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

Accordingly, we

deny a certificate of appealability, deny leave to proceed in
forma pauperis, and dismiss the appeal.

We dispense with oral

argument because the facts and legal contentions are adequately

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

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