US v. Sheritha Bellamy

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--updating certificate of appealability status Originating case number: 2:12-cr-00062-RGD-DEM-1,2:13-cv-00498-RGD Copies to all parties and the district court/agency. [999372050]. Mailed to: Sheritha Bellamy & Christopher George. [14-6170]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 14-6170

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
SHERITHA J. BELLAMY,
Defendant - Appellant.

Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk.
Robert G. Doumar, Senior
District Judge. (2:12-cr-00062-RGD-DEM-1; 2:13-cv-00498-RGD)

Submitted:

June 4, 2014

Decided:

June 9, 2014

Before DUNCAN and WYNN, Circuit Judges, and HAMILTON, Senior
Circuit Judge.

Dismissed by unpublished per curiam opinion.

Sheritha J. Bellamy, Appellant Pro Se.
Christopher Anders
George, OFFICE OF THE UNITED STATES ATTORNEY, Norfolk, Virginia,
for Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Sheritha

J.

Bellamy

seeks

to

appeal

the

district

court’s order denying her 28 U.S.C. § 2255 (2012) motion and her
motion

for

an

appealable

amended

unless

a

restitution
circuit

certificate of appealability.
A

certificate

of

order.

justice

The
or

order

judge

is

issues

not
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 Bellamy 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

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are

adequately

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presented

in

the

materials

before

this court and argument would not aid the decisional process.

DISMISSED

3