US v. Larry Burleigh
Filing
UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--updating certificate of appealability status. Originating case number: 3:11-cr-00049-HEH-2, 3:13-cv-00092-HEH. Copies to all parties and the district court/agency. [999651510]. Mailed to: Larry Antonio Burleigh. [15-6972]
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-6972
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
LARRY ANTONIO BURLEIGH,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond.
Henry E. Hudson, District
Judge. (3:11-cr-00049-HEH-2; 3:13-cv-00092-HEH)
Submitted:
August 27, 2015
Decided:
September 1, 2015
Before GREGORY, AGEE, and THACKER, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Larry Antonio Burleigh, Appellant Pro Se.
Heather L. Hart,
Michael
Calvin
Moore,
Assistant
United
States
Attorneys,
Richmond, Virginia, Jamie L. Mickelson, Assistant United States
Attorney, Atlanta, Georgia, Olivia L. Norman, OFFICE OF THE
UNITED STATES ATTORNEY, Richmond, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
Larry Antonio Burleigh 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
(2012).
of
appealability.
28
U.S.C.
§ 2253(c)(1)(B)
A certificate of 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
Burleigh 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
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are
adequately
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presented
in
the
materials
before
this court and argument would not aid the decisional process.
DISMISSED
3
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