US v. Trevor Little

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying for certificate of appealability Originating case number: 2:95-cr-00198-2,2:10-cv-00978 Copies to all parties and the district court/agency. [999403722]. Mailed to: Little. [14-6467]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 14-6467

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
TREVOR LITTLE, a/k/a Tragedy, a/k/a Trag,
Defendant - Appellant.

Appeal from the United States District Court for the Southern
District of West Virginia, at Charleston.
Thomas E. Johnston,
District Judge. (2:95-cr-00198-2; 2:10-cv-00978)

Submitted:

July 24, 2014

Before FLOYD and
Circuit Judge.

THACKER,

Decided: July 28, 2014

Circuit

Judges,

and

DAVIS,

Senior

Dismissed by unpublished per curiam opinion.

Trevor Little, Appellant Pro Se. Steven Loew, Assistant United
States Attorney, Charleston, West Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Trevor

Little

seeks

to

appeal

the

district

court’s

order accepting the recommendation of the magistrate judge and
denying his Fed. R. Civ. P. 59(e) motion to alter or amend the
district court’s order denying relief on his 28 U.S.C. § 2255
(2012)

motion,

and

denying

his

motion

for

an

evidentiary

hearing.

The order is not appealable unless a circuit justice

or

issues

judge

a

certificate

§ 2253(c)(1)(B) (2012).
issue

absent

“a

appealability.

28

U.S.C.

A certificate of appealability will not

substantial

constitutional right.”

of

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 Little has not made the requisite showing.

Accordingly, we

deny a certificate of appealability and dismiss the appeal.
2

We

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dispense

with

contentions

are

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oral

argument

adequately

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because

presented

in

the
the

facts

and

legal

materials

before

this court and argument would not aid the decisional process.
DISMISSED

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