US v. David Ramey, Jr.

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--granting Motion to file supplemental brief(s) [999399654-2]. Originating case numbers: 7:09-cr-00054-GEC-RSB-1,7:13-cv-80603-GEC-RSB. Copies to all parties and the district court/agency. [999443846]. Mailed to: appellant. [14-6629]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 14-6629

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
DAVID ALEXANDER RAMEY, JR.,
Defendant - Appellant.

Appeal from the United States District Court for the Western
District of Virginia, at Roanoke.
Glen E. Conrad, Chief
District Judge.
(7:09-cr-00054-GEC-RSB-1; 7:13-cv-80603-GECRSB)

Submitted:

September 15, 2014

Decided:

September 26, 2014

Before NIEMEYER, GREGORY, and FLOYD, Circuit Judges.

Dismissed by unpublished per curiam opinion.

David Alexander Ramey, Jr., Appellant Pro Se.
Ronald Andrew
Bassford, Assistant United States Attorney, Roanoke, Virginia,
for Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
David
district

Alexander

court’s

order

§ 2255 (2012) motion.

Ramey,

Jr.,

dismissing

seeks

as

to

untimely

appeal

his

28

the

U.S.C.

The order is 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.”
(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

ruling

must
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 Ramey has not made the requisite showing.
although

we

grant

Ramey’s

motion

to

supplement

Accordingly,
his

informal

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

We dispense with oral argument because the facts and

contentions

are

adequately
2

presented

in

the

materials

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before

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this

court

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and

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argument

would

not

aid

the

decisional

process.

DISMISSED

3