US v. Samuel Holme

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 1:05-cr-01253-MBS-1,1:10-cv-70305-MBS Copies to all parties and the district court/agency. [999091714]. Mailed to: Samuel Holmes. [12-8076]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 12-8076

UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
SAMUEL RODNEY HOLMES,
Defendant - Appellant.

Appeal from the United States District Court for the District of
South Carolina, at Aiken. Margaret B. Seymour, Senior District
Judge. (1:05-cr-01253-MBS-1; 1:10-cv-70305-MBS)

Submitted:

April 18, 2013

Decided:

April 22, 2013

Before WILKINSON, GREGORY, and DAVIS, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Samuel Rodney Holmes, Appellant Pro Se. Susan Zalkin Hitt,
Assistant United States Attorney, Columbia, South Carolina, for
Appellee.

Unpublished opinions are not binding precedent in this circuit.

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Rodney

seeks

PER CURIAM:
Samuel

Holmes

to

appeal

the

district

court’s orders denying relief on his 28 U.S.C.A. § 2255 (West
Supp.

2012)

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

both

on

procedural

that

the

When the district court

grounds,

dispositive

the

prisoner

procedural

ruling

must
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 Holmes has not made the requisite showing. *

*

Accordingly, we

Holmes’ § 2255 motion was filed within one year after the
Supreme Court’s denial of certiorari review of his direct
appeal.
United States v. Holmes, 339 F. App’x 334 (4th Cir.)
(No. 08-4916), cert. denied, 130 S. Ct. 816 (Dec. 7, 2009). It
is therefore timely filed.
28 U.S.C.A. § 2255(f)(1); Clay v.
(Continued)
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deny a certificate of appealability and dismiss the appeal.
dispense

with

contentions

are

oral

argument

adequately

because

presented

in

the
the

facts

We

and

legal

materials

before

this court and argument would not aid the decisional process.

DISMISSED

United States, 537 U.S. 522, 527 (2003). Holmes fails, however,
to state a debatable claim of the denial of a constitutional
right. Slack, 529 U.S. at 484-85.

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