US v. Jawaad Nash

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion certificate of appealability (Local Rule 22(a)) [999112845-2] Originating case number: 3:09-cr-00039-FDW-2,3:12-cv-00283-FDW Copies to all parties and the district court/agency. [999182259]. Mailed to: Jawaad Nash. [13-6639]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 13-6639

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JAWAAD NASH, a/k/a Wad,
Defendant - Appellant.

Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte.
Frank D. Whitney,
District Judge. (3:09-cr-00039-FDW-2; 3:12-cv-00283-FDW)

Submitted:

August 23, 2013

Decided:

August 28, 2013

Before GREGORY and AGEE, Circuit Judges, and HAMILTON, Senior
Circuit Judge.

Dismissed by unpublished per curiam opinion.

Jawaad Nash, Appellant Pro Se.
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Unpublished opinions are not binding precedent in this circuit.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:
Jawaad Nash seeks to appeal the district court’s order
denying

relief

motion.

The order is not appealable unless a circuit justice or

judge

issues

on

a

his

absent

U.S.C.A.

certificate

§ 2253(c)(1)(B) (2006).
issue

28

“a

of

(West

Supp.

appealability.

28

2013)

U.S.C.

A certificate of appealability will not

substantial

constitutional right.”

§ 2255

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 Nash 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