US v. Nigel Humphrey John Baptiste

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion certificate of appealability (Local Rule 22(a)) [999091079-2] Originating case number: 1:06-cr-00171-RDB-3,1:11-cv-01356-RDB Copies to all parties and the district court/agency. [999138145].. [13-6617]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 13-6617

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
NIGEL HUMPHREY JOHN BAPTISTE,
Defendant - Appellant.

Appeal from the United States District Court for the District of
Maryland, at Baltimore.
Richard D. Bennett, District Judge.
(1:06-cr-00171-RDB-3; 1:11-cv-01356-RDB)

Submitted:

June 20, 2013

Decided:

June 26, 2013

Before GREGORY, DUNCAN, and DAVIS, Circuit Judges.

Dismissed by unpublished per curiam opinion.

C. Justin Brown, LAW OFFICE OF C. JUSTIN BROWN, Baltimore,
Maryland, for Appellant.
John Francis Purcell, Jr., Assistant
United States Attorney, Baltimore, Maryland, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Nigel

Humphrey

John

Baptiste

seeks

to

appeal

the

district court’s order denying relief on his 28 U.S.C.A. § 2255
(West Supp. 2013) 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

both

on

procedural

that

the

When the district court

grounds,

dispositive

the

prisoner

procedural

ruling

must
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 Baptiste has not made the requisite showing.

Accordingly,

we deny Baptiste’s motion for a certificate of appealability and
dismiss the appeal.
facts

and

legal

We dispense with oral argument because the

contentions

are

2

adequately

presented

in

the

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materials

before

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this

court

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and

argument

would

not

aid

the

decisional process.
DISMISSED

3