US v. James Brice

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--updating certificate of appealability status Originating case number: 1:07-cr-00261-WDQ-2,1:12-cv-02487-WDQ Copies to all parties and the district court. [999202273]. Mailed to: James Brice. [13-6366]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 13-6366

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JAMES THOMAS BRICE, a/k/a Boo,
Defendant - Appellant.

Appeal from the United States District Court for the District of
Maryland, at Baltimore.
William D. Quarles, Jr., District
Judge. (1:07-cr-00261-WDQ-2; 1:12-cv-02487-WDQ)

Submitted:

September 24, 2013

Before NIEMEYER and
Senior Circuit Judge.

THACKER,

Decided:

Circuit

September 26, 2013

Judges,

and

HAMILTON,

Dismissed by unpublished per curiam opinion.

James Thomas Brice, Appellant Pro Se.
James Thomas Wallner,
Assistant United States Attorney, Baltimore, Maryland, for
Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
James
court’s

order

Thomas

Brice

dismissing

(West Supp. 2013) motion.

as

seeks

to

untimely

appeal

his

28

the

district

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.”
(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

on

both

procedural

that

the

When the district court

grounds,

dispositive

the

prisoner

procedural

must

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 Brice 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

are

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adequately

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presented

in

the

materials

before

this court and argument would not aid the decisional process.

DISMISSED

3