US v. Christopher Connelly

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying for certificate of appealability Originating case number: 5:10-cr-00238-F-1,5:12-cv-00418-F Copies to all parties and the district court/agency. [999681655]. Mailed to: Connelly. [15-6911]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 15-6911

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
CHRISTOPHER MICHAEL CONNELLY,
Defendant - Appellant.

Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh.
James C. Fox, Senior
District Judge. (5:10-cr-00238-F-1)

Submitted:

October 15, 2015

Decided:

October 20, 2015

Before WILKINSON, AGEE, and HARRIS, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Christopher Michael Connelly, Appellant Pro Se.
Shailika S.
Kotiya, Jennifer E. Wells, OFFICE OF THE UNITED STATES ATTORNEY,
Raleigh, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Christopher Michael Connelly seeks to appeal the district
court’s

order

accepting

the

recommendation

of

the

magistrate

judge and 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

§ 2253(c)(1)(B) (2012).
issue

absent

“a

prisoner

the

28

U.S.C.

A certificate of appealability will not
showing

of

the

denial

of

a

28 U.S.C. § 2253(c)(2) (2012).

district

court

satisfies

this

jurists

would

reasonable

appealability.

substantial

constitutional right.”
When

of

denies

relief

standard
find

by

that

on

the

merits,

demonstrating

the

district

a

that

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).
denies

relief

demonstrate

on

both

procedural

that

the

When the district court

grounds,

dispositive

the

prisoner

procedural

must

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
Connelly has not made the requisite showing.

Accordingly, we

deny a certificate of appealability and dismiss the appeal.
dispense

with

oral

argument

because

2

the

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