US v. Brian Gay

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case numbers: 2:11-cr-00106-RAJ-TEM-1, 2:14-cv-00468-RAJ. Copies to all parties and the district court. [999667787]. Mailed to: Appellant. [15-6475]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 15-6475

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
BRIAN GAY,
Defendant - Appellant.

Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk. Raymond A. Jackson, District
Judge. (2:11-cr-00106-RAJ-TEM-1; 2:14-cv-00468-RAJ)

Submitted:

September 22, 2015

Before KING and
Circuit Judge.

AGEE,

Circuit

Decided:

Judges,

and

September 29, 2015

HAMILTON,

Senior

Dismissed by unpublished per curiam opinion.

Brian Gay, Appellant Pro Se.
V. Kathleen Dougherty, OFFICE OF
THE UNITED STATES ATTORNEY, Norfolk, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Brian

Gay

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

(2012).

of

appealability.

28

U.S.C.

§ 2253(c)(1)(B)

A certificate of appealability will not issue absent “a

substantial showing of the denial of a constitutional right.”
28 U.S.C. § 2253(c)(2) (2012).
When
prisoner

the

district

court

satisfies

this

jurists

would

reasonable

denies

relief

standard
find

by

that

on

the

merits,

demonstrating

the

district

a

that

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).
denies

relief

demonstrate

on

both

procedural

that

the

When the district court

grounds,

dispositive

the

prisoner

procedural

must

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
Gay has not made the requisite showing.
certificate
dispense

of

with

appealability
oral

argument

and

dismiss

because

2

Accordingly, we deny a

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