US v. Ray Prosise
Filing
UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--updating certificate of appealability status Originating case number: 3:07-cr-00322-HEH-1, 3:11-cv-00265-HEH Copies to all parties and the district court/agency. [999498443].. [14-7089]
Appeal: 14-7089
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 14-7089
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
RAY PROSISE, a/k/a Steiner, a/k/a Raymond Prosise,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond.
Henry E. Hudson, District
Judge. (3:07-cr-00322-HEH-1; 3:11-cv-00265-HEH)
Submitted:
December 18, 2014
Decided:
December 22, 2014
Before SHEDD, WYNN, and THACKER, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Ray Prosise, Appellant Pro Se. Michael Calvin Moore, Assistant
United States Attorney, Richmond, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
Ray Prosise seeks to appeal the district court’s order
denying relief on his 28 U.S.C. § 2255 (2012) motion.
The order
is not appealable unless a circuit justice or judge issues a
certificate of appealability.
A
certificate
of
28 U.S.C. § 2253(c)(1)(B) (2012).
appealability
will
not
issue
absent
“a
substantial showing of the denial of a constitutional right.”
28 U.S.C. § 2253(c)(2) (2012).
relief
on
the
demonstrating
district
merits,
that
court’s
debatable
or
a
When the district court denies
prisoner
reasonable
assessment
wrong.
Slack
satisfies
jurists
this
would
of
the
v.
McDaniel,
standard
find
U.S.
that
the
claims
constitutional
529
by
is
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
claim of the denial of a constitutional right.
a
debatable
Slack, 529 U.S.
at 484-85.
We have independently reviewed the record and conclude
that Prosise has not made the requisite showing.
Accordingly,
we deny a certificate of appealability and dismiss the appeal.
We
dispense
with
oral
argument
2
because
the
facts
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
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