US v. Latonya Davi
Filing
UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 0:04-cr-00898-JFA-2,0:14-cv-02739-JFA Copies to all parties and the district court/agency. [999612943]. Mailed to: Latonya Davis. [15-6326]
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-6326
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
LATONYA RENEE DAVIS, a/k/a Pooh,
Defendant - Appellant.
Appeal from the United States District Court for the District of
South Carolina, at Rock Hill.
Joseph F. Anderson, Jr., Senior
District Judge. (0:04-cr-00898-JFA-2; 0:14-cv-02739-JFA)
Submitted:
June 29, 2015
Decided:
July 1, 2015
Before MOTZ, KING, and SHEDD, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Latonya Renee Davis, Appellant Pro Se.
Denise Haynes, Assistant United States
South Carolina, for Appellee.
Beth Drake, Stacey
Attorneys, Columbia,
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
Latonya Renee Davis seeks to appeal the district court’s
order dismissing as untimely her 28 U.S.C. § 2255 (2012) motion.
The order is not appealable unless a circuit justice or judge
issues
a
certificate
§ 2253(c)(1)(B) (2012).
issue
absent
“a
of
appealability.
U.S.C.
A certificate of appealability will not
substantial
constitutional right.”
28
showing
of
the
denial
28 U.S.C. § 2253(c)(2) (2012).
of
a
When the
district court denies relief on the merits, a prisoner satisfies
this
standard
by
demonstrating
that
reasonable
jurists
would
find that the district court’s assessment of the constitutional
claims is debatable or wrong.
Slack v. McDaniel, 529 U.S. 473,
484
Cockrell,
(2000);
(2003).
see
Miller-El
v.
537
U.S.
322,
336-38
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.
Slack,
529 U.S. at 484-85.
We have independently reviewed the record and conclude that
Davis 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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