US v. Calvin Lavan Clark

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 5:08-cr-00100-F-1,5:11-cv-00558-F Copies to all parties and the district court/agency. [999097962]. Mailed to: Calvin Lavan Clark. [13-6458]

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Appeal: 13-6458 Doc: 9 Filed: 04/30/2013 Pg: 1 of 3 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-6458 UNITED STATES OF AMERICA, Plaintiff – Appellee, v. CALVIN LAVAN CLARK, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. James C. Fox, Senior District Judge. (5:08-cr-00100-F-1; 5:11-cv-00558-F) Submitted: April 17, 2013 Decided: April 30, 2013 Before MOTZ, SHEDD, and AGEE, Circuit Judges. Dismissed by unpublished per curiam opinion. Calvin Lavan Clark, Appellant Pro Se. Jason Harris Cowley, Jennifer P. May-Parker, Thomas B. Murphy, Rudolf A. Renfer, Jr., Assistant United States Attorneys, Raleigh, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. Appeal: 13-6458 Doc: 9 Filed: 04/30/2013 Pg: 2 of 3 PER CURIAM: Calvin Lavan Clark 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). 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 Clark 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 Appeal: 13-6458 Doc: 9 contentions Filed: 04/30/2013 are adequately Pg: 3 of 3 presented in the materials before this court and argument would not aid the decisional process. DISMISSED 3

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