Ronald Sanders v. Eric Wilson

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to proceed in forma pauperis (FRAP 24) [999185298-2]. Originating case number: 1:13-cv-00892-AJT-TRJ. Copies to all parties and the district court/agency. [999291252]. Mailed to: Ronald Sanders. [13-7320]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 13-7320

RONALD CHRISTOPHER SANDERS,
Petitioner - Appellant,
v.
WARDEN ERIC WILSON,
Respondent - Appellee.

Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria.
Anthony J. Trenga,
District Judge. (1:13-cv-00892-AJT-TRJ)

Submitted:

December 23, 2013

Decided:

February 5, 2014

Before NIEMEYER, MOTZ, and KING, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Ronald Christopher Sanders, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Ronald

Christopher

Sanders

seeks

to

appeal

the

district court’s order construing his 28 U.S.C. § 2241 (2012)
petition as a successive 28 U.S.C.A. § 2255 (West Supp. 2013)
motion and dismissing it as unauthorized.
appealable

unless

a

circuit

certificate of appealability.
A

certificate

of

justice

The order is not

or

judge

issues

a

28 U.S.C. § 2253(c)(1)(B) (2012).

appealability

will

not

issue

absent

“a

substantial showing of the denial of a constitutional right.”
28 U.S.C. § 2253(c)(2) (2012).
relief

on

the

demonstrating
district

merits,
that

court’s

debatable

or

a

When the district court denies

prisoner

reasonable

assessment

wrong.

Slack

satisfies

jurists

this

would

of

the

v.

McDaniel,

standard

find

U.S.

that

the

claims

constitutional
529

by

is

473,

484

(2000); see Miller-El v. Cockrell, 537 U.S. 322, 336-38 (2003).
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

claim of the denial of a constitutional right.

a

debatable

Slack, 529 U.S.

at 484-85.
We have independently reviewed the record and conclude
that Sanders has not made the requisite showing.

Accordingly,

we deny leave to proceed in forma pauperis, deny a certificate
of appealability, and dismiss the appeal.
2

We dispense with oral

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argument because the facts and legal contentions are adequately
presented in the materials before this court and argument would
not aid the decisional process.
DISMISSED

3