US v. Dennis Rowsey, Jr.

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to proceed in forma pauperis (FRAP 24) [999563911-2], updating certificate of appealability status. Originating case number: 4:11-cr-00053-MSD-TEM-1, 4:14-cv-00015-MSD. Copies to all parties and the district court. [999651511]. Mailed to: Dennis Rowsey, Jr. [15-6339]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 15-6339

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
DENNIS WAYNE ROWSEY, JR.,
Defendant - Appellant.

Appeal from the United States District Court for the Eastern
District of Virginia, at Newport News. Mark S. Davis, District
Judge. (4:11-cr-00053-MSD-TEM-1; 4:14-cv-00015-MSD)

Submitted:

July 31, 2015

Decided:

September 1, 2015

Before KEENAN, WYNN, and DIAZ, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Dennis Wayne Rowsey, Jr., Appellant Pro Se. Eric Matthew Hurt,
Assistant United States Attorney, Newport News, Virginia, for
Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Dennis

Wayne

Rowsey,

§ 2253(c)(1)(B) (2012).
issue

absent

“a

of

U.S.C.

district

§ 2255

appealability.

28

(2012)

U.S.C.

A certificate of appealability will not

substantial

constitutional right.”

28

the

The order is not appealable unless a circuit justice or
certificate

his

appeal

motion.

a

on

to

order

issues

relief

seeks

court’s

judge

denying

Jr.,

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
Rowsey has not made the requisite showing.

Accordingly, we deny

a certificate of appealability, deny leave to proceed in forma
pauperis,

and

dismiss

the

appeal.

We

dispense

with

oral

argument because the facts and legal contentions are adequately

2

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presented in the materials before this court and argument would
not aid the decisional process.

DISMISSED

3