US v. Dennis Rowsey, Jr.
UNPUBLISHED PER CURIAM OPINION filed.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. . Mailed to: Dennis Rowsey, Jr. [15-6339]
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UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
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)
July 31, 2015
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Dismissed by unpublished per curiam opinion.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
Unpublished opinions are not binding precedent in this circuit.
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§ 2253(c)(1)(B) (2012).
A certificate of appealability will not
The order is not appealable unless a circuit justice or
28 U.S.C. § 2253(c)(2) (2012).
district court denies relief on the merits, a prisoner satisfies
find that the district court’s assessment of the constitutional
claims is debatable or wrong.
Slack v. McDaniel, 529 U.S. 473,
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.
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
argument because the facts and legal contentions are adequately
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presented in the materials before this court and argument would
not aid the decisional process.
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