US v. Aaron Lyle

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion for transcript at government expense [999258947-2], updating certificate of appealability status Originating case number: 4:00-cr-00055-H-1,4:13-cv-00116-H Copies to all parties and the district court/agency. [999285760]. Mailed to: Aaron Lyles. [13-7851]

Appeal: 13-7851

Doc: 8

Filed: 01/28/2014

Pg: 1 of 3

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 13-7851

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
AARON JEROME LYLES,
Defendant - Appellant.

Appeal from the United States District Court for the Eastern
District of North Carolina, at Greenville.
Malcolm J. Howard,
Senior District Judge. (4:00-cr-00055-H-1; 4:13-cv-00116-H)

Submitted:

January 23, 2014

Decided:

January 28, 2014

Before WILKINSON and DIAZ, Circuit Judges, and HAMILTON, Senior
Circuit Judge.

Dismissed by unpublished per curiam opinion.

Aaron Jerome Lyles, Appellant Pro Se. Shailika K. Shah, OFFICE
OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for
Appellee.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 13-7851

Doc: 8

Filed: 01/28/2014

Pg: 2 of 3

PER CURIAM:
Aaron

Jerome

Lyles

seeks

to

appeal

the

district

court’s order dismissing as untimely his 28 U.S.C. § 2255 (2012)
motion.
judge

The order is not appealable unless a circuit justice or
issues

a

certificate

§ 2253(c)(1)(B) (2012).
issue

absent

“a

constitutional

of

appealability.

28

U.S.C.

A certificate of appealability will not

substantial

right.”

28

showing
U.S.C.

of

the

denial

§ 2253(c)(2).

of

When

a
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 Lyles has not made the requisite showing.

Accordingly, we

deny a certificate of appealability, deny Lyles’ motion for a
transcript
We dispense

at

government

with

oral

expense,

argument

2

and

because

dismiss
the

the

facts

appeal.

and

legal

Appeal: 13-7851

Doc: 8

contentions

Filed: 01/28/2014

are

adequately

Pg: 3 of 3

presented

in

the

materials

before

this court and argument would not aid the decisional process.

DISMISSED

3