US v. Monica McCant

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 1:11-cr-00426-JKB-4,1:14-cv-02164-JKB. Copies to all parties and the district court/agency. [999496030]. Mailed to: Monica McCants. [14-4722]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 14-4722

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
MONICA MCCANTS, a/k/a Money,
Defendant - Appellant.

Appeal from the United States District Court for the District of
Maryland, at Baltimore.
James K. Bredar, District Judge.
(1:11-cr-00426-JKB-4; 1:14-cv-02164-JKB)

Submitted:

December 16, 2014

Before DUNCAN
Circuit Judge.

and

DIAZ,

Circuit

Decided:

Judges,

December 18, 2014

and

DAVIS,

Senior

Dismissed by unpublished per curiam opinion.

Monica McCants, Appellant Pro Se.
Anthony Joseph Enright,
Special Assistant United States Attorney, Robert Reeves Harding,
Assistant United States Attorney, Baltimore, Maryland, for
Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Monica McCants seeks to appeal the district court’s
order dismissing as untimely her 28 U.S.C. § 2255 (2012) motion.
The order is not appealable unless a circuit justice or judge
issues

a

certificate

§ 2253(c)(1)(B) (2012).
issue

absent

“a

of

appealability.

U.S.C.

A certificate of appealability will not

substantial

constitutional right.”

28

showing

of

the

denial

28 U.S.C. § 2253(c)(2) (2012).

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 McCants 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