US v. Lynval Anderson, Jr.
Filing
UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--updating certificate of appealability status Originating case number: 2:98-cr-00143-HCM-1, 2:00-cv-00522-HCM. Copies to all parties and the district court. [999666953]. Mailed to: Lynval Anderson, Jr., & Laura Tayman. [14-7399]
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 14-7399
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
LYNVAL KERRIS ANDERSON, JR., a/k/a Peter, a/k/a Lynval
Kerris, a/k/a Amxmill Kerris, a/k/a Joseph Anderson, a/k/a
Michael Reid, a/k/a Jamaican Pete,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk.
Henry Coke Morgan, Jr.,
Senior District Judge. (2:98-cr-00143-HCM-1; 2:00-cv-00522-HCM)
Submitted:
September 17, 2015
Decided:
September 28, 2015
Before MOTZ and GREGORY, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Lynval Kerris Anderson, Jr., Appellant Pro Se.
Tayman,
Assistant
United
States
Attorney,
Virginia, for Appellee.
Laura Pellatiro
Newport
News,
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
Lynval Kerris Anderson, Jr., 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
certificate
28 U.S.C. § 2253(c)(1)(B) (2012).
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
Anderson 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
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
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