US v. Spencer Tyrone Webb

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 4:10-cr-00014-RBS-DEM-1,4:14-cv-00067-RBS Copies to all parties and the district court/agency. [999565635]. Mailed to: Webb. [14-7321]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 14-7321

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
SPENCER
Cooper,

TYRONE

WEBB,

a/k/a

Stanley

Cooper,

a/k/a

Corey

Defendant - Appellant.

Appeal from the United States District Court for the Eastern
District of Virginia, at Newport News.
Rebecca Beach Smith,
Chief District Judge.
(4:10-cr-00014-RBS-DEM-1; 4:14-cv-00067RBS)

Submitted:

April 13, 2015

Before DUNCAN
Circuit Judge.

and

DIAZ,

Decided:

Circuit

Judges,

and

April 16, 2015

DAVIS,

Senior

Dismissed by unpublished per curiam opinion.

Spencer Tyrone Webb, Appellant Pro Se.
Eric Matthew Hurt,
Assistant United States Attorney, Newport News, Virginia, for
Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Spencer Tyrone Webb 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

(2012).

of

appealability.

28

U.S.C.

§

2253(c)(1)(B)

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).
relief

on

the

merits,

demonstrating
district

that

court’s

debatable

or

a

When the district court denies

prisoner

reasonable

assessment

wrong.

satisfies

jurists

would

of

the

v.

McDaniel,

Slack

this

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
Webb has not made the requisite showing.
certificate
dispense

of

with

appealability
oral

argument

and

dismiss

because

2

Accordingly, we deny a

the

the

appeal.

facts

and

We
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