US v. Waymon Joyner, III

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 2:98-cr-00118-RBS-1 Copies to all parties and the district court/agency. [999096658]. Mailed to: Waymon Bruce Joyner, III. [13-6351]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 13-6351

UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
WAYMON BRUCE JOYNER, III,
Defendant - Appellant.

Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk.
Rebecca Beach Smith, Chief
District Judge. (2:98-cr-00118-RBS-1)

Submitted:

April 17, 2013

Decided:

April 29, 2013

Before NIEMEYER and MOTZ, Circuit Judges, and HAMILTON, Senior
Circuit Judge.

Dismissed by unpublished per curiam opinion.

Waymon Bruce Joyner, III, Appellant Pro Se.
Stephen Westley
Haynie, Assistant United States Attorney, Norfolk, Virginia, for
Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Waymon Bruce Joyner, III, 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 Joyner 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

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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