US v. Lewis Moses Byrd
Filing
UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 3:03-cr-00067-GCM-DCK-1,3:08-cv-00257-GCM Copies to all parties and the district court/agency. [999156606]. Mailed to: Lewis Moses Byrd. [13-6555]
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-6555
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
LEWIS MOSES BYRD,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte.
Graham C. Mullen,
Senior District Judge. (3:03-cr-00067-GCM-DCK-1; 3:08-cv-00257GCM)
Submitted:
July 18, 2013
Decided:
July 23, 2013
Before WILKINSON, MOTZ, and SHEDD, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Lewis Moses Byrd, Appellant Pro Se. Kimlani M. Ford, Assistant
United States Attorney, Charlotte, North Carolina, Amy Elizabeth
Ray,
Assistant
United
States
Attorney,
Asheville,
North
Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
Lewis Moses Byrd seeks to appeal the district court’s
orders construing his motion to amend his 28 U.S.C.A. § 2255
(West
Supp.
2013)
motion
as
a
successive
§ 2255
motion
and
dismissing it on that basis, and denying reconsideration of that
order.
or
The orders are not appealable unless a circuit justice
judge
issues
a
certificate
§ 2253(c)(1)(B) (2006).
issue
absent
“a
appealability.
28
U.S.C.
A certificate of appealability will not
substantial
constitutional right.”
of
showing
of
the
denial
28 U.S.C. § 2253(c)(2) (2006).
of
a
When the
district court denies relief on the merits, a prisoner satisfies
this
standard
by
demonstrating
that
reasonable
jurists
would
find that the district court’s assessment of the constitutional
claims is debatable or wrong.
Slack v. McDaniel, 529 U.S. 473,
484
Cockrell,
(2000);
(2003).
see
Miller-El
v.
537
U.S.
322,
336-38
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 Byrd 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
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