US v. Dwayne Anderson

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 1:06-cr-00020-IMK-JSK-8, 1:11-cv-00186-IMK-JSK. Copies to all parties and the district court/agency. [999614658]. Mailed to: Dwayne Anderson. [15-6220]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 15-6220

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
DWAYNE ANDERSON,
Defendant - Appellant.

Appeal from the United States District Court for the Northern
District of West Virginia, at Clarksburg.
Irene M. Keeley,
District Judge.
(1:06-cr-00020-IMK-JSK-8; 1:11-cv-00186-IMKJSK)

Submitted:

June 30, 2015

Decided:

July 6, 2015

Before MOTZ and DUNCAN, Circuit Judges, and HAMILTON, Senior
Circuit Judge.

Dismissed by unpublished per curiam opinion.

Dwayne Anderson, Appellant Pro Se. John Castle Parr, Stephen L.
Vogrin, Assistant United States Attorneys, Wheeling, West
Virginia; Zelda Elizabeth Wesley, Assistant United States
Attorney, Clarksburg, West Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Dwayne Anderson 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.
appealable

unless

a

circuit

certificate of appealability.
A

certificate

of

justice

The order is not

or

judge

issues

a

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
Anderson 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