US v. Steven Cureton
Filing
UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 3:07-cr-00061-FDW-14,3:11-cv-00486-FDW Copies to all parties and the district court/agency. [999054377]. Mailed to: Cureton. [12-8114]
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 12-8114
UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
STEVEN JERMONTE CURETON, a/k/a Rollo,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte.
Frank D. Whitney,
District Judge. (3:07-cr-00061-FDW-14; 3:11-cv-00486-FDW)
Submitted:
February 26, 2013
Decided: March 1, 2013
Before MOTZ, WYNN, and DIAZ, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Steven Jermonte Cureton, Appellant
Assistant United States Attorney,
Dana Owen Washington, Kevin Zolot,
ATTORNEY, Charlotte, North Carolina,
Pro Se. Amy Elizabeth Ray,
Asheville, North Carolina;
OFFICE OF THE UNITED STATES
for Appellee.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
Steven Jermonte Cureton seeks to appeal the district
court’s order 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).
When the district court denies relief on the merits, a
prisoner
satisfies
this
reasonable
jurists
would
assessment
of
constitutional
wrong.
28 U.S.C. § 2253(c)(2)
the
standard
find
by
that
demonstrating
the
claims
district
is
that
court’s
debatable
or
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
denial of a constitutional right.
Slack, 529 U.S. at 484-85.
We have independently reviewed the record and conclude
that Cureton has not made the requisite showing.
Accordingly,
we deny a certificate of appealability and dismiss the appeal.
We
dispense
with
oral
argument
2
because
the
facts
and
legal
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contentions
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are
adequately
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presented
in
the
materials
before
this court and argument would not aid the decisional process.
DISMISSED
3
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