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UNPUBLISHED PER CURIAM OPINION filed.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UNPUBLISHED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Dismissed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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
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