US v. Joseph Mike

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to vacate [999346569-2]; denying Motion to proceed in forma pauperis (FRAP 24) [999311554-2] Originating case number: 3:05-cr-00046-RJC-DSC-1,3:11-cv-00481-RJC Copies to all parties and the district court/agency. [999364744]. Mailed to: Joseph Mike. [14-6162]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 14-6162

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JOSEPH MIKE,
Defendant - Appellant.

Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte.
Robert J. Conrad,
Jr., District Judge.
(3:05-cr-00046-RJC-DSC-1; 3:11-cv-00481RJC)

Submitted:

May 22, 2014

Before TRAXLER,
Circuit Judges.

Chief

Decided: May 29, 2014

Judge,

and

HAMILTON

and

DAVIS,

Senior

Dismissed by unpublished per curiam opinion.

Joseph Mike, Appellant Pro Se.
Thomas A. O’Malley, OFFICE OF
THE UNITED STATES ATTORNEY, Charlotte, North Carolina, for
Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Joseph Mike seeks to appeal the district court’s order
denying relief on his 28 U.S.C. § 2255 (2012) motion.

The order

is not appealable unless a circuit justice or judge issues a
certificate of appealability.
A

certificate

of

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 Mike has not made the requisite showing.
deny

a

certificate

of

appealability,

deny

Accordingly, we
Mike’s

motion

to

vacate his conviction, deny leave to proceed in forma pauperis,
and dismiss the appeal.

We dispense with oral argument because

the facts and legal contentions are adequately presented in the
2

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materials

before

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this

court

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and

argument

would

not

aid

the

decisional process.
DISMISSED

3