US v. Troy Rolle

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 7:97-cr-00608-HMH-1,7:14-cv-02538-HMH Copies to all parties and the district court/agency. [999517895]. Mailed to: Troy Rolle. [14-7421]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 14-7421

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
TROY ROLLE, a/k/a Robert Stan Marks,
Defendant - Appellant.

Appeal from the United States District Court for the District of
South Carolina, at Spartanburg.
Henry M. Herlong, Jr., Senior
District Judge. (7:97-cr-00608-HMH-1; 7:14-cv-02538-HMH)

Submitted:

January 22, 2015

Decided:

January 27, 2015

Before SHEDD, KEENAN, and DIAZ, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Troy Rolle, Appellant Pro Se.
Leesa Washington, Assistant
United
States
Attorney,
Greenville,
South
Carolina,
for
Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Troy Rolle seeks to appeal the district court’s order
dismissing as successive his 28 U.S.C. § 2255 (2012) motion.
The order is not appealable unless a circuit justice or judge
issues

a

certificate

§ 2253(c)(1)(B) (2012).
issue

absent

“a

of

appealability.

U.S.C.

A certificate of appealability will not

substantial

constitutional right.”

28

showing

of

the

denial

28 U.S.C. § 2253(c)(2) (2012).

of

a

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 Rolle 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

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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