US v. Darrell Wright
Filing
UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to proceed in forma pauperis (FRAP 24) [999560376-2]; denying Motion certificate of appealability (Local Rule 22(a)) [999548427-2]. Originating case number: 4:06-cr-00207-TLW-3, 4:14-cv-04421-TLW. Copies to all parties and the district court/agency. [999590527].. [15-6395]
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-6395
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
DARRELL TAMAR WRIGHT, a/k/a D. Wright,
Defendant - Appellant.
Appeal from the United States District Court for the District of
South Carolina, at Florence.
Terry L. Wooten, Chief District
Judge. (4:06-cr-00207-TLW-3)
Submitted:
May 21, 2015
Decided:
May 27, 2015
Before MOTZ, KING, and WYNN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Darrell Tamar Wright, Appellant Pro Se. Jimmie Ewing, Assistant
United States Attorney, Columbia, South Carolina; Arthur Bradley
Parham, Assistant United States Attorney, Florence, South
Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
Darrell Tamar Wright seeks to appeal the district court’s
order dismissing as untimely his 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
Wright has not made the requisite showing.
Accordingly, we deny
Wright’s motion for a certificate of appealability, deny leave
to
proceed
dispense
in
with
forma
pauperis,
oral
argument
and
dismiss
because
2
the
the
appeal.
facts
and
We
legal
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contentions
are
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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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