US v. Deante Drake

Filing

UNPUBLISHED PER CURIAM OPINION filed.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UNPUBLISHED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Dismissed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.

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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

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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