US v. Marlon Hasty

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--updating certificate of appealability status Originating case number: 4:09-cr-00855-TLW-5,4:13-cv-00270-TLW Copies to all parties and the district court/agency. [999368109]. Mailed to: Marlon Hasty. [14-6479]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 14-6479

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
MARLON EUGENE HASTY, a/k/a Fish,
Defendant - Appellant.

Appeal from the United States District Court for the District of
South Carolina, at Florence.
Terry L. Wooten, Chief District
Judge. (4:09-cr-00855-TLW-5; 4:13-cv-00270-TLW)

Submitted:

May 29, 2014

Decided:

June 3, 2014

Before SHEDD, WYNN, and THACKER, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Marlon Eugene Hasty, Appellant Pro Se.
Alfred William Walker
Bethea, Jr., Assistant United States Attorney, Florence, South
Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Marlon

Eugene

Hasty

seeks

to

appeal

the

district

court’s orders dismissing as time-barred his 28 U.S.C. § 2255
(2012) motion and denying his Fed. R. Civ. P. 59(e) motion to
alter or amend judgment.

The orders are not appealable unless a

circuit justice or judge issues a certificate of appealability.
28

U.S.C.

§ 2253(c)(1)(B)

(2012).

A

certificate

of

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

28 U.S.C. § 2253(c)(2).

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

constitutional claims is debatable or wrong.

of

the

Slack v. McDaniel,

529 U.S. 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

a

debatable

claim

of

the

right.

denial

of

a

constitutional

Slack, 529 U.S. at 484-85.
We have independently reviewed the record and conclude

that Hasty has not made the requisite showing.
deny

a

certificate

We dispense

with

of

oral

appealability
argument

2

and

because

Accordingly, we

dismiss
the

the

facts

appeal.

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