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UNPUBLISHED PER CURIAM OPINION filed.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. [999667787]. Mailed to: Appellant. [15-6475]

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Appeal: 15-6475 Doc: 14 Filed: 09/29/2015 Pg: 1 of 3 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-6475 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. BRIAN GAY, Defendant - Appellant.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 AGEE, Circuit Decided: Judges, and September 29, 2015 HAMILTON, Senior Dismissed by unpublished per curiam opinion.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 Unpublished opinions are not binding precedent in this circuit. Appeal: 15-6475 Doc: 14 Filed: 09/29/2015 Pg: 2 of 3 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 Appeal: 15-6475 Doc: 14 contentions are Filed: 09/29/2015 adequately Pg: 3 of 3 presented in the materials before this court and argument would not aid the decisional process. DISMISSED 3

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