Damon Elliott v. Eric Wilson

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to proceed in forma pauperis (FRAP 24) [999475188-2]; denying Motion certificate of appealability (Local Rule 22(a)) [999468493-2] Originating case number: 1:14-cv-01016-LO-IDD Copies to all parties and the district court. [999537745]. Mailed to: Damon Elliot. [14-7617]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 14-7617

DAMON EMANUEL ELLIOTT,
Petitioner - Appellant,
v.
ERIC WILSON, Warden,
Respondent - Appellee.

Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria.
Liam O’Grady, District
Judge. (1:14-cv-01016-LO-IDD)

Submitted:

February 25, 2015

Decided:

March 2, 2015

Before NIEMEYER, KING, and THACKER, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Damon Emanuel Elliott, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Damon

Emanuel

Elliott

seeks

to

appeal

the

district

court’s dismissing without prejudice his 28 U.S.C. § 2241 (2012)
petition, which the district court construed as a successive 28
U.S.C. § 2255 (2012) motion.
a

circuit

justice

appealability.

or

The order is not appealable unless
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 petition 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 Elliott has not made the requisite showing.

Accordingly,

we deny Elliott’s motion for a certificate of appealability,
deny leave to proceed in forma pauperis, and dismiss the appeal.
We

dispense

with

oral

argument
2

because

the

facts

and

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