US v. Perry Shippy
UNPUBLISHED PER CURIAM OPINION filed. Originating case numbers: 1:09-cr-00023-MR-DLH-10,1:13-cv-00038-MR. Copies to all parties and the district court. . Mailed to: Appellant. [15-6993]
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UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
PERRY ROGER SHIPPY,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of North Carolina, at Asheville. Martin K. Reidinger,
District Judge. (1:09-cr-00023-MR-DLH-10; 1:13-cv-00038-MR)
August 27, 2015
September 1, 2015
Before GREGORY, AGEE, and THACKER, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Perry Roger Shippy, Appellant Pro Se.
Amy Elizabeth Ray,
Assistant United States Attorney, Jill Westmoreland Rose, OFFICE
OF THE UNITED STATES ATTORNEY, Asheville, North Carolina, for
Unpublished opinions are not binding precedent in this circuit.
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Perry Roger Shippy seeks to appeal the district court’s
The order is not appealable unless a circuit justice or judge
§ 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
Shippy 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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