US v. Lynval Anderson, Jr.
UNPUBLISHED PER CURIAM OPINION filed.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. . Mailed to: Lynval Anderson, Jr., & Laura Tayman. [14-7399]
Pg: 1 of 3
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
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)
September 17, 2015
September 28, 2015
Before MOTZ and GREGORY, Circuit Judges, and HAMILTON, Senior
Dismissed by unpublished per curiam opinion.
Lynval Kerris Anderson, Jr., Appellant Pro Se.
Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
Pg: 2 of 3
Lynval Kerris Anderson, Jr., seeks to appeal the district
reconsideration of the district court’s order denying relief on
his 28 U.S.C. § 2255 (2012) motion.
The order is not appealable
28 U.S.C. § 2253(c)(1)(B) (2012).
of appealability will not issue absent “a substantial showing of
the denial of a constitutional right.”
28 U.S.C. § 2253(c)(2)
When the district court denies relief on the merits, a
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).
When the district court
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.
deny a certificate of appealability and dismiss the appeal.
Pg: 3 of 3
this court and argument would not aid the decisional process.
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?