US v. Clifton Washington

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 5:09-cr-00105-D-1,5:13-cv-00362-D. Copies to all parties and the district court/agency. [999404733]. Mailed to: Clifton Washington. [14-6570]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 14-6570

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
CLIFTON JEROME WASHINGTON,
Defendant - Appellant.

Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh.
James C. Dever, III,
Chief District Judge. (5:09-cr-00105-D-1; 5:13-cv-00362-D)

Submitted:

July 24, 2014

Before FLOYD and
Circuit Judge.

THACKER,

Decided:

Circuit

Judges,

and

July 29, 2014

DAVIS,

Senior

Dismissed by unpublished per curiam opinion.

Clifton Jerome Washington, Appellant Pro Se.
Eric David
Goulian, Shailika K. Shah, OFFICE OF THE UNITED STATES ATTORNEY,
Raleigh, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Clifton Jerome Washington seeks to appeal the district
court’s

order

motion.

The order is not appealable unless a circuit justice or

judge

issues

denying

a

certificate

§ 2253(c)(1)(B) (2012).
issue

absent

relief

“a

on

of

28

U.S.C.

§ 2255

appealability.

28

(2012)

U.S.C.

A certificate of appealability will not

substantial

constitutional right.”

his

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

Washington

has

not

made

the

requisite

showing.

Accordingly, we deny a certificate of appealability and dismiss
the appeal.

We dispense with oral argument because the facts

and legal contentions are adequately presented in the materials

2

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argument

would

not

aid

the

decisional

process.
DISMISSED

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