US v. Kenneth Goode

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying for certificate of appealability Originating case number: 5:06-cr-00081-BO-1,5:12-cv-00345-BO Copies to all parties and the district court/agency. [999114145]. Mailed to: Kenneth Goode. [13-6468]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 13-6468

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
KENNETH WAYNE GOODE,
Defendant - Appellant.

Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh.
Terrence W. Boyle,
District Judge. (5:06-cr-00081-BO-1; 5:12-cv-00345-BO)

Submitted:

May 8, 2013

Before SHEDD and
Circuit Judge.

AGEE,

Decided:

Circuit

Judges,

and

May 23, 2013

HAMILTON,

Senior

Dismissed by unpublished per curiam opinion.

Kenneth Wayne Goode, Appellant Pro Se. Jennifer P. May-Parker,
Assistant United States Attorney, Raleigh, North Carolina, for
Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Kenneth

Wayne

Goode

seeks

to

appeal

the

district

court’s order treating his Fed. R. Crim. P. 36 motion as a
successive

28

U.S.C.A.

§ 2255

dismissing it on that basis.
a

circuit

justice

appealability.

or

(West

Supp.

2012)

motion,

and

The order is not appealable unless
judge

issues

a

certificate

28 U.S.C. § 2253(c)(1)(B) (2006).

of

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

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

Goode

States

v.

has

not

made

Winestock,

340

the

requisite

F.3d

200,

showing.
208

(4th

See

United

Cir.

2003).

Accordingly, we deny a certificate of appealability and dismiss
the appeal.
2

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We dispense with oral argument because the facts and
legal
before

contentions
this

court

are

adequately

and

argument

presented

would

not

in
aid

the
the

materials
decisional

process.
DISMISSED

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