US v. Corey Tabor

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 5:03-cr-00012-RLV-CH-5, 5:12-cv-00172-RLV. Copies to all parties and the district court/agency. [999607340]. Mailed to: Rebecca Taylor Mcnerney, Corey Antoine Tabor. [15-6353]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 15-6353

UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
COREY ANTOINE TABOR,
Defendant - Appellant.

Appeal from the United States District Court for the Western
District of North Carolina, at Statesville. Richard L. Voorhees,
District Judge. (5:03-cr-00012-RLV-CH-5; 5:12-cv-00172-RLV)

Submitted:

June 18, 2015

Decided:

June 23, 2015

Before SHEDD, DUNCAN, and AGEE, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Corey Antoine Tabor, Appellant Pro Se. Amy Elizabeth Ray, Assistant
United States Attorney, Asheville, North Carolina; Rebecca Taylor
Menerney, Kenneth Michel Smith, OFFICE OF THE UNITED STATES
ATTORNEY, Charlotte, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Corey Antoine Tabor seeks to appeal the district court’s
orders denying relief on his 28 U.S.C. § 2255 (2012) motion and
his motion for reconsideration.
unless

a

circuit

appealability.

justice

or

The orders are not appealable
judge

issues

a

28 U.S.C. § 2253(c)(1)(B) (2012).

certificate

of

A certificate

of appealability will not issue absent “a substantial showing of
the denial of a constitutional right.”
(2012).

28 U.S.C. § 2253(c)(2)

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 (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 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
Tabor has not made the requisite showing.

Accordingly, we deny a

certificate of appealability and dismiss the appeal.
with

oral

argument

because

2

the

facts

We dispense
and

legal

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

DISMISSED

3