US v. Tyrone Davi

Filing

UNPUBLISHED PER CURIAM OPINION filed. Certificate of appealability denied. Originating case number: 4:11-cr-02341-RBH-1, 4:14-cv-00019-RBH. Copies to all parties and the district court/agency. [999664360]. Mailed to: Tyrone Davis. [15-6730]

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Appeal: 15-6730 Doc: 8 Filed: 09/22/2015 Pg: 1 of 3 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-6730 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. TYRONE DAVIS, Defendant - Appellant. Appeal from the United States District Court for the District of South Carolina, at Florence. R. Bryan Harwell, District Judge. (4:11-cr-02341-RBH-1; 4:14-cv-00019-RBH) Submitted: September 16, 2015 Decided: September 22, 2015 Before GREGORY, SHEDD, and WYNN, Circuit Judges. Dismissed by unpublished per curiam opinion. Tyrone Davis, Appellant Pro Se. Alfred William Walker Bethea, Jr., Assistant United States Attorney, Florence, South Carolina; Stanley D. Ragsdale, Assistant United States Attorney, Columbia, South Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. Appeal: 15-6730 Doc: 8 Filed: 09/22/2015 Pg: 2 of 3 PER CURIAM: Tyrone Davis seeks to appeal the district court’s order denying relief on his 28 U.S.C. § 2255 (2012) motion. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. A certificate of 28 U.S.C. § 2253(c)(1)(B) (2012). appealability will not issue absent “a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2) (2012). relief on the demonstrating district merits, that court’s debatable or a When the district court denies prisoner reasonable assessment wrong. satisfies jurists would of the v. McDaniel, Slack this standard find U.S. that the claims constitutional 529 by is 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 claim of the denial of a constitutional right. a debatable Slack, 529 U.S. at 484-85. We have independently reviewed the record and conclude that Davis 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: 15-6730 Doc: 8 contentions Filed: 09/22/2015 are 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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