US v. John Boyd, Jr.

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion certificate of appealability (Local Rule 22(a)) [999355439-2] Originating case number: 5:93-cr-00123-F-3,5:14-cv-00242-F Copies to all parties and the district court/agency. [999445738]. Mailed to: John Boyd, Jr.. [14-6732]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 14-6732

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JOHN LEE BOYD, JR.,
Defendant - Appellant.

Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh.
James C. Fox, Senior
District Judge. (5:93-cr-00123-F-3; 5:14-cv-00242-F)

Submitted:

September 25, 2014

Decided:

September 30, 2014

Before WILKINSON and AGEE, Circuit Judges, and DAVIS, Senior
Circuit Judge.

Dismissed by unpublished per curiam opinion.

John Lee Boyd, Jr., Appellant Pro Se.
Rudolf A. Renfer, Jr.,
Assistant United States Attorney, Raleigh, North Carolina, for
Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
John
court’s

Lee

order

or

Jr.,

dismissing

(2012) motion.
justice

Boyd,

as

seeks

to

successive

appeal
his

28

the

district

U.S.C.

§ 2255

The order is not appealable unless a circuit

judge

issues

a

certificate

U.S.C. § 2253(c)(1)(B) (2012).

of

appealability.

28

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) (2012).

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 Boyd has not made the requisite showing.
deny

Boyd’s

motion

dismiss the appeal.
facts

and

legal

for

a

certificate

of

Accordingly, we

appealability

and

We dispense with oral argument because the

contentions

are

2

adequately

presented

in

the

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materials

before

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this

court

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and

argument

would

not

aid

the

decisional process.
DISMISSED

3