US v. Perry Shippy
Filing
UNPUBLISHED PER CURIAM OPINION filed.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. [999651530]. Mailed to: Appellant. [15-6993]
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-6993
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
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)
Submitted:
August 27, 2015
Decided:
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Dismissed by unpublished per curiam opinion.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
Appellee.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
Perry Roger Shippy 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
§ 2253(c)(1)(B) (2012).
issue
absent
“a
of
appealability.
U.S.C.
A certificate of appealability will not
substantial
constitutional right.”
28
showing
of
the
denial
28 U.S.C. § 2253(c)(2) (2012).
of
a
When the
district court denies relief on the merits, a prisoner satisfies
this
standard
by
demonstrating
that
reasonable
jurists
would
find that the district court’s assessment of the constitutional
claims is debatable or wrong.
Slack v. McDaniel, 529 U.S. 473,
484
Cockrell,
(2000);
(2003).
see
Miller-El
v.
537
U.S.
322,
336-38
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.
Slack,
529 U.S. at 484-85.
We have independently reviewed the record and conclude that
Shippy has not made the requisite showing.
a
certificate
We dispense
with
of
appealability
oral
argument
2
and
because
Accordingly, we deny
dismiss
the
the
facts
appeal.
and
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
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