US v. Irby Dewitt

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying certificate of appealability. Originating case number: 4:04-cr-00795-TLW-4,4:11-cv-70013-TLW. Copies to all parties and the district court/agency. [999462121].. [14-6843]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 14-6843

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
IRBY GENE DEWITT,
Defendant - Appellant.

Appeal from the United States District Court for the District of
South Carolina, at Florence.
Terry L. Wooten, Chief District
Judge. (4:04-cr-00795-TLW-4; 4:11-cv-70013-TLW)

Submitted:

October 21, 2014

Decided:

October 24, 2014

Before SHEDD, DUNCAN, and FLOYD, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Irby Gene Dewitt, Appellant Pro Se.
Arthur Bradley Parham,
Assistant United States Attorney, Florence, South Carolina, for
Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Irby Gene Dewitt seeks to appeal the district court’s
order

denying

his

Fed.

R.

Civ.

P.

60(b)

motion

for

reconsideration of the district court’s order denying relief on
his 28 U.S.C. § 2255 (2012) motion.
unless

a

circuit

appealability.

justice

or

The order is not appealable

judge

issues

a

28 U.S.C. § 2253(c)(1)(B) (2012).

certificate

of

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

must

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 Dewitt has not made the requisite showing.

Accordingly, we

deny a certificate of appealability and dismiss the appeal.
dispense

with

oral

argument

because

2

the

facts

and

We

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