US v. Kirk Loney

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--updating certificate of appealability status Originating case number: 3:02-cr-00290-REP-1,3:11-cv-00337-REP Copies to all parties and the district court/agency. [999386887]. Mailed to: KIRK L. LONEY. [14-6274]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 14-6274

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
KIRK L. LONEY,
Defendant - Appellant.

Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond.
Robert E. Payne, Senior
District Judge. (3:02-cr-00290-REP-1; 3:11-cv-00337-REP)

Submitted:

June 26, 2014

Decided:

July 1, 2014

Before WILKINSON, KING, and GREGORY, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Kirk L. Loney, Appellant Pro Se. Michael Arlen Jagels, Special
Assistant
United
States
Attorney,
Stephen
Wiley
Miller,
Assistant United States Attorney, Richmond, Virginia, for
Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Kirk L. Loney seeks to appeal the district court’s
orders denying relief on his 28 U.S.C. § 2255 (2012) motion,
denying his motion to amend and his motion for reconsideration,
and construing his motion for leave to amend as a successive
§ 2255 motion and dismissing it.
unless

a

circuit

appealability.

justice

or

The orders are not appealable

judge

issues

a

28 U.S.C. § 2253(c)(1)(B) (2012).

certificate

of

A certificate

of appealability will not issue absent “a substantial showing of
the denial of a constitutional right.”
(2012).

28 U.S.C. § 2253(c)(2)

When the district court denies relief on the merits, a

prisoner

satisfies

this

jurists

would

reasonable

standard
find

by

that

demonstrating

the

district

that

court’s

assessment of the constitutional claims is debatable or wrong.
Slack v. McDaniel, 529 U.S. 473, 484 (2000); see Miller-El v.
Cockrell, 537 U.S. 322, 336-38 (2003).
denies

relief

demonstrate

on

both

procedural

that

the

When the district court

grounds,

dispositive

the

prisoner

procedural

must

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 Loney 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