US v. Mario Baker

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--updating certificate of appealability status. Originating case number: 3:08-cr-00088-REP-RCY-1, 3:15-cv-00144-REP-RCY. Copies to all parties and the district court/agency. [999626969]. Mailed to: Mario Nathaniel Baker. [15-6527]

Appeal: 15-6527

Doc: 9

Filed: 07/24/2015

Pg: 1 of 3

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 15-6527

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
MARIO N. BAKER, a/k/a Mario Nathaniel Baker,
Defendant - Appellant.

Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond.
Robert E. Payne, Senior
District Judge. (3:08-cr-00088-REP-RCY-1; 3:15-cv-00144-REP-RCY)

Submitted:

July 21, 2015

Decided:

July 24, 2015

Before WILKINSON and MOTZ, Circuit Judges, and DAVIS, Senior
Circuit Judge.

Dismissed by unpublished per curiam opinion.

Mario Nathaniel Baker, Appellant Pro Se. Peter Sinclair Duffey,
Gurney Wingate Grant, II, Stephen Wiley Miller, Assistant United
States Attorneys, Michael Arlen Jagels, Special Assistant United
States Attorney, Richmond, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 15-6527

Doc: 9

Filed: 07/24/2015

Pg: 2 of 3

PER CURIAM:
Mario N. Baker seeks to appeal the district court’s order
dismissing as successive and unauthorized his 28 U.S.C. § 2255
(2012) motion.

The order is not appealable unless a circuit

justice or judge issues a certificate of appealability.
§ 2253(c)(1)(B) (2012).
issue

absent

“a

A certificate of appealability will not

substantial

constitutional right.”

28 U.S.C.

showing

of

the

denial

28 U.S.C. § 2253(c)(2) (2012).

of

a

When the

district court denies relief on the merits, a prisoner satisfies
this standard by demonstrating that reasonable jurists would find
that the district 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).
When the district court denies relief on procedural grounds, the
prisoner must demonstrate both that the dispositive procedural
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
Baker has not made the requisite showing.

Accordingly, we deny a

certificate of appealability and dismiss the appeal.

We dispense

with oral argument because the facts and legal contentions are

2

Appeal: 15-6527

Doc: 9

adequately

Filed: 07/24/2015

presented

in

the

Pg: 3 of 3

materials

before

this

court

and

argument would not aid the decisional process.

DISMISSED

3