US v. Theodore Henderson, II
UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 1:90-cr-00102-CMH-2,1:14-cv-00738-CMH. Copies to all parties and the district court/agency. .. [14-7676]
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UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
THEODORE HENDERSON, II, a/k/a Theodore Henderson, III,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria.
Claude M. Hilton, Senior
District Judge. (1:90-cr-00102-CMH-2; 1:14-cv-00738-CMH)
May 19, 2015
Decided: May 21, 2015
Before NIEMEYER and HARRIS, Circuit Judges, and DAVIS, Senior
Dismissed by unpublished per curiam opinion.
Jeremy Brian Gordon, JEREMY GORDON, PLLC, Mansfield, Texas, for
Lawrence Joseph Leiser, Assistant United States
Attorney, Alexandria, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
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court’s order dismissing as untimely his 28 U.S.C. § 2255 (2012)
The order is not appealable unless a circuit justice or
§ 2253(c)(1)(B) (2012).
A certificate of appealability will not
28 U.S.C. § 2253(c)(2) (2012).
district court denies relief on the merits, a prisoner satisfies
find that the district court’s assessment of the constitutional
claims is debatable or wrong.
Slack v. McDaniel, 529 U.S. 473,
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.
529 U.S. at 484-85.
We have independently reviewed the record and conclude that
Henderson has not made the requisite showing.
deny a certificate of appealability and dismiss the appeal.
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this court and argument would not aid the decisional process.
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