US v. Deante Drake


UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 1:07-cr-00053-IMK-JES-1, 1:13-cv-00253-IMK-JES. Copies to all parties and the district court/agency. [999645568]. Mailed to: Deante Drake. [15-6493]

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Appeal: 15-6493 Doc: 12 Filed: 08/24/2015 Pg: 1 of 3 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-6493 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. DEANTE DRAKE, a/k/a Panama, a/k/a Shawn, a/k/a Papa Bear, Defendant - Appellant. Appeal from the United States District Court for the Northern District of West Virginia, at Clarksburg. Irene M. Keeley, District Judge. (1:07-cr-00053-IMK-JES-1; 1:13-cv-00253-IMKJES) Submitted: August 20, 2015 Decided: August 24, 2015 Before DUNCAN, KEENAN, and WYNN, Circuit Judges. Dismissed by unpublished per curiam opinion. Deante Drake, Appellant Pro Se. Shawn Angus Morgan, Assistant United States Attorney, Clarksburg, West Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. Appeal: 15-6493 Doc: 12 Filed: 08/24/2015 Pg: 2 of 3 PER CURIAM: Deante Drake seeks to appeal the district court’s order adopting the magistrate judge’s recommendation and dismissing his 28 U.S.C. § 2255 (2012) motion as successive, and the order denying his Fed. R. Civ. P. 59(e) motion to alter or amend the judgment. justice The or 28 U.S.C. orders judge are issues § 2253(c)(1)(B) not a appealable certificate (2012). unless of A a circuit appealability. certificate of appealability will not issue absent “a substantial showing of the denial of a constitutional right.” (2012). 28 U.S.C. § 2253(c)(2) When the district court denies relief on the merits, a prisoner satisfies this jurists would reasonable standard find by that demonstrating the district 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 Drake has not made the requisite showing. a certificate dispense with of appealability oral argument and dismiss because 2 Accordingly, we deny the the appeal. facts and We legal Appeal: 15-6493 Doc: 12 contentions are Filed: 08/24/2015 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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