US v. Larry Burleigh


UNPUBLISHED PER CURIAM OPINION filed.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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Appeal: 15-6972 Doc: 9 Filed: 09/01/2015 Pg: 1 of 3 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-6972 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. LARRY ANTONIO BURLEIGH, Defendant -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 Dismissed by unpublished per curiam opinion.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 Unpublished opinions are not binding precedent in this circuit. Appeal: 15-6972 Doc: 9 Filed: 09/01/2015 Pg: 2 of 3 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 Appeal: 15-6972 Doc: 9 contentions Filed: 09/01/2015 are adequately Pg: 3 of 3 presented in the materials before this court and argument would not aid the decisional process. DISMISSED 3

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