US v. William Cole, Jr.

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion certificate of appealability (Local Rule 22(a)) [999601292-2] Originating case number: 1:11-cr-00530-CMH-1,1:14-cv-00575-CMH Copies to all parties and the district court/agency. [999702204]. Mailed to: William Cole. [15-6741]

Appeal: 15-6741

Doc: 17

Filed: 11/19/2015

Pg: 1 of 3

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 15-6741

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
WILLIAM LOUIS COLE, JR,
Defendant - Appellant.

Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria.
Claude M. Hilton, Senior
District Judge. (1:11-cr-00530-CMH-1; 1:14-cv-00575-CMH)

Submitted:

November 17, 2015

Decided:

November 19, 2015

Before SHEDD, DUNCAN, and DIAZ, Circuit Judges.

Dismissed by unpublished per curiam opinion.

William Louis Cole, Jr., Appellant Pro Se.
Rebeca Hidalgo
Bellows, Patricia T. Giles, Morris Rudolph Parker, Jr.,
Assistant United States Attorneys, Alexandria, Virginia, for
Appellee.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 15-6741

Doc: 17

Filed: 11/19/2015

Pg: 2 of 3

PER CURIAM:
William

Louis

Cole,

§ 2253(c)(1)(B) (2012).
issue

absent

“a

of

U.S.C.

district

§ 2255

appealability.

28

(2012)

U.S.C.

A certificate of appealability will not

substantial

constitutional right.”

28

the

The order is not appealable unless a circuit justice or
certificate

his

appeal

motion.

a

on

to

order

issues

relief

seeks

court’s

judge

denying

Jr.,

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

Cockrell,

(2000);

(2003).

see

Miller-El

v.

537

U.S.

322,

336-38

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
Cole has not made the requisite showing.

Accordingly, we deny

his motion for a certificate of appealability and dismiss the
appeal.
legal

We dispense with oral argument because the facts and

contentions

are

adequately

2

presented

in

the

materials

Appeal: 15-6741

before

Doc: 17

this

court

Filed: 11/19/2015

and

Pg: 3 of 3

argument

would

not

aid

the

decisional

process.

DISMISSED

3