US v. Brian Gay
UNPUBLISHED PER CURIAM OPINION filed.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. . Mailed to: Appellant. [15-6475]
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UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
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)
September 22, 2015
Before KING and
September 29, 2015
Dismissed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.
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dismissing as untimely his 28 U.S.C. § 2255 (2012) motion.
order is not appealable unless a circuit justice or judge issues
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).
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
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.
Accordingly, we deny a
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this court and argument would not aid the decisional process.
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