US v. Gregory Milton
UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 5:95-cr-70074-MFU-1,5:14-cv-80785-MFU-RSB Copies to all parties and the district court/agency. . Mailed to: Gregory Milton. [15-6897]
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UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
GREGORY A. MILTON, a/k/a G,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of Virginia, at Harrisonburg.
Michael F. Urbanski,
District Judge. (5:95-cr-70074-MFU-1; 5:14-cv-80785-MFU-RSB)
November 19, 2015
November 23, 2015
Before NIEMEYER, KING, and HARRIS, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Gregory A. Milton, Appellant Pro Se.
United States Attorney, Roanoke, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
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dismissing it for lack of jurisdiction, and denying Milton’s
Fed. R. Civ. P. 59(e) motion to alter or amend that order.
§ 2253(c)(1)(B) (2012).
A certificate of appealability will not
28 U.S.C. § 2253(c)(2) (2012).
district court denies relief on the merits, a prisoner satisfies
find that the district court’s assessment of the constitutional
claims is debatable or wrong.
Slack v. McDaniel, 529 U.S. 473,
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.
529 U.S. at 484-85.
We have independently reviewed the record and conclude that
Milton has not made the requisite showing.
Accordingly, we deny
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this court and argument would not aid the decisional process.
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