US v. Curtis Branch
Filing
UNPUBLISHED PER CURIAM OPINION filed. Originating case numbers: 4:11-cr-00082-F-1,4:13-cv-00028-F. Copies to all parties and the district court. [999550106]. Mailed to: Appellant. [15-6097]
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-6097
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
CURTIS LAVON BRANCH,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Greenville. James C. Fox, Senior
District Judge. (4:11-cr-00082-F-1; 4:13-cv-00028-F)
Submitted:
March 17, 2015
Decided:
March 20, 2015
Before WILKINSON and KING, Circuit Judges, and DAVIS, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Curtis Lavon Branch, Appellant Pro Se. Jennifer P. May-Parker,
Assistant United States Attorney, Felice McConnell Corpening,
Seth Morgan Wood, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh,
North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
Curtis Lavon Branch seeks to appeal the district court’s
order accepting the recommendation of the magistrate judge and
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
Branch has not made the requisite showing.
a
certificate
dispense
with
of
appealability
oral
argument
and
dismiss
because
2
Accordingly, we deny
the
the
appeal.
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
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