US v. Reggie Kelley

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion certificate of appealability (Local Rule 22(a)) [999273656-2] Originating case number: 3:04-cr-00998-CMC-1,3:13-cv-02494-CMC Copies to all parties and the district court/agency. [999324133]. Mailed to: Reggie Lamar Kelley. [13-7632]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 13-7632

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
REGGIE LAMAR KELLEY, a/k/a Lil Red,
Defendant - Appellant.

Appeal from the United States District Court for the District of
South Carolina, at Columbia.
Cameron McGowan Currie, Senior
District Judge. (3:04-cr-00998-CMC-1; 3:13-cv-02494-CMC)

Submitted:

March 25, 2014

Decided:

March 27, 2014

Before GREGORY, KEENAN, and WYNN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Reggie Lamar Kelley, Appellant Pro Se. Jimmie Ewing, Assistant
United States Attorney, Columbia, South Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Reggie

Lamar

Kelley

seeks

to

appeal

the

district

court’s order dismissing his 28 U.S.C. § 2255 (2012) motion as
successive and unauthorized, and he has filed a motion for a
certificate of appealability.
appealable

unless

a

The district court’s order is not

circuit

certificate of appealability.
A

certificate

of

justice

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.

satisfies

jurists

would

of

the

v.

McDaniel,

Slack

this

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 Kelley 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

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