US v. Walter Wood
Filing
UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion certificate of appealability (Local Rule 22(a)) [999476618-2], updating certificate of appealability status. Originating case number: 8:12-cr-00709-HMH-1,8:14-cv-03430-HMH Copies to all parties and the district court/agency. [999537392]. Mailed to: Walter Wood. [14-7592]
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 14-7592
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
WALTER RALPH WOOD,
Defendant - Appellant.
Appeal from the United States District Court for the District of
South Carolina, at Anderson.
Henry M. Herlong, Jr., Senior
District Judge. (8:12-cr-00709-HMH-1; 8:14-cv-03430-HMH)
Submitted:
February 24, 2015
Decided:
March 2, 2015
Before MOTZ and GREGORY, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Walter Ralph Wood, Appellant Pro Se.
Maxwell B. Cauthen, III,
Assistant United States Attorney, Greenville, South Carolina,
for Appellee.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
Walter Ralph Wood 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
demonstrating
district
merits,
that
court’s
debatable
or
a
When the district court denies
prisoner
reasonable
assessment
wrong.
Slack
satisfies
jurists
this
would
of
the
v.
McDaniel,
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 Wood has not made the requisite showing.
deny
Wood’s
motion
dismiss the appeal.
facts
and
legal
for
a
certificate
of
Accordingly, we
appealability
and
We dispense with oral argument because the
contentions
are
2
adequately
presented
in
the
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materials
before
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this
court
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and
argument
would
not
aid
the
decisional process.
DISMISSED
3
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