US v. Curtis Arnold

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion for transcript at government expense [999618600-2], updating certificate of appealability status. Originating case number: 3:05-cr-00046-RJC-DSC-2,3:10-cv-00453-RJC Copies to all parties and the district court/agency. [999646796]. Mailed to: Curtis Arnold FCI FORT DIX FEDERAL CORRECTIONAL INSTITUTION P. O. Box 2000 Joint Base MDL, NJ 08640-0000. [15-6850]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 15-6850

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
CURTIS ARNOLD,
Defendant - Appellant.

Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte.
Robert J. Conrad,
Jr., District Judge.
(3:05-cr-00046-RJC-DSC-2; 3:10-cv-00453RJC)

Submitted:

August 20, 2015

Decided:

August 25, 2015

Before DUNCAN, KEENAN, and WYNN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Curtis Arnold, Appellant Pro Se. Thomas A. O’Malley, OFFICE OF
THE UNITED STATES ATTORNEY, Charlotte, North Carolina, for
Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Curtis Arnold 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

merits,

demonstrating
district

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
Arnold has not made the requisite showing.

Accordingly, we deny

Arnold’s motion for transcripts at Government expense, deny a
certificate
dispense

of

with

appealability,

and

oral

because

argument

2

dismiss
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