US v. Tyrone Campbell
Filing
UNPUBLISHED PER CURIAM OPINION filed. Originating case numbers: 1:10-cr-00218-WMN-1, 1:13-cv-00471-WMN. Copies to all parties and the district court/agency. [999265049]. Mailed to: appellant. [13-7292]
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-7292
UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
TYRONE ROBERT CAMPBELL, a/k/a Mr. Muhammad, a/k/a Muhammad
Shahid, a/k/a Tyrone Moore,
Defendant - Appellant.
Appeal from the United States District Court for the District of
Maryland, at Baltimore.
William M. Nickerson, Senior District
Judge. (1:10-cr-00218-WMN-1; 1:13-cv-00471-WMN)
Submitted:
December 19, 2013
Decided:
December 23, 2013
Before SHEDD, DAVIS, and FLOYD, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Tyrone Robert Campbell, Appellant Pro Se. Sujit Raman, Assistant
United States Attorney, Greenbelt, Maryland, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
Tyrone Robert Campbell seeks to appeal the district
court’s
order
dismissing
(West Supp. 2013) motion.
as
untimely
his
28
U.S.C.A.
§
2255
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 Campbell has not made the requisite showing.
Accordingly,
we deny a certificate of appealability and dismiss the appeal.
We
dispense
with
oral
argument
2
because
the
facts
and
legal
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contentions
are
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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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