US v. Elijah White

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to seal [999422514-2]; denying for certificate of appealability. Originating case number: 2:98-cr-00455-PMD-4,2:14-cv-00167-PMD. Copies to all parties and the district court/agency. [999499120]. Mailed to: E. White. [14-7167]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 14-7167

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
ELIJAH JEROME WHITE, a/k/a Dice,
Defendant - Appellant.

Appeal from the United States District Court for the District of
South Carolina, at Charleston.
Patrick Michael Duffy, Senior
District Judge. (2:98-cr-00455-PMD-4; 2:14-cv-00167-PMD)

Submitted:

December 18, 2014

Decided:

December 23, 2014

Before SHEDD, WYNN, and THACKER, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Elijah Jerome White, Appellant Pro Se.
Peter Thomas Phillips,
Assistant United States Attorney, Charleston, South Carolina,
for Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Elijah
court’s

order

Jerome

White

seeks

dismissing

as

successive

(2012) motion.
justice

or

to

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 White has not made the requisite showing.

Accordingly, we

deny a certificate of appealability and dismiss the appeal.
also

deny

argument

White’s

motion

because

to

seal.

2

dispense

facts

the

We

and

with

We
oral

legal

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contentions

are

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adequately

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presented

in

the

materials

before

this court and argument would not aid the decisional process.

DISMISSED

3