US v. Alton May

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--updating certificate of appealability status Originating case number: 8:12-cr-00278-RWT-1,8:14-cv-02999-RWT Copies to all parties and the district court/agency. [999530992]. Mailed to: Alton Charles May. [14-7677]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 14-7677

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
ALTON CHARLES
a/k/a Nieem,

MAY,

a/k/a

Chuckie,

a/k/a

John

Dieudonne,

Defendant - Appellant.

Appeal from the United States District Court for the District of
Maryland, at Greenbelt. Roger W. Titus, Senior District Judge.
(8:12-cr-00278-RWT-1; 8:14-cv-02999-RWT)

Submitted:

February 12, 2015

Decided:

February 19, 2015

Before MOTZ, WYNN, and FLOYD, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Alton Charles May, Appellant Pro Se.
Leah Bressack, Assistant
United States Attorney, Greenbelt, Maryland, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Alton Charles May seeks to appeal the district court’s
orders denying relief on his 28 U.S.C. § 2255 (2012) and Fed. R.
Civ. P. 59(e) motions.

The orders are not appealable unless a

circuit justice or judge issues a certificate of appealability.
28

U.S.C.

§ 2253(c)(1)(B)

(2012).

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 motion or underlying habeas application
states

a

debatable

claim

of

the

denial

of

a

constitutional

right.

Reid v. Angelone, 369 F.3d 363, 371 (4th Cir. 2004).
We have independently reviewed the record and conclude

that May 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