US v. Melvin Gilbert
Filing
UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--updating certificate of appealability status. Originating case number: 1:06-cr-00309-JFM-7. Copies to all parties and the district court/agency. [999604579].. [14-7635]
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 14-7635
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
MELVIN GILBERT,
Defendant - Appellant.
Appeal from the United States District Court for the District of
Maryland, at Baltimore.
J. Frederick Motz, Senior District
Judge. (1:06-cr-00309-JFM-7)
Submitted:
May 28, 2015
Decided:
June 18, 2015
Before SHEDD, KEENAN, and FLOYD, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Melvin Gilbert, Appellant
Reeves Harding, Assistant
Maryland, for Appellee.
Pro Se.
Debra Lynn Dwyer, Robert
United States Attorneys, Baltimore,
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
Melvin Gilbert 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 of appealability.
A
certificate
of
28 U.S.C. § 2253(c)(1)(B) (2012).
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.
satisfies
jurists
would
of
the
v.
McDaniel,
Slack
this
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
Gilbert 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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