US v. Clayton Bullin

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UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion certificate of appealability (Local Rule 22(a)) [999615855-2] Originating case number: 5:04-cr-00043-RLV-DCK-2,5:15-cv-00012-RLV Copies to all parties and the district court/agency. [999684827].. [15-7002]

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Appeal: 15-7002 Doc: 9 Filed: 10/23/2015 Pg: 1 of 3 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-7002 UNITED STATES OF AMERICA, Plaintiff – Appellee, v. CLAYTON DOYLE BULLIN, a/k/a Doyle Bullin, Defendant - Appellant. Appeal from the United States District Court for the Western District of North Carolina, at Statesville. Richard L. Voorhees, District Judge. (5:04-cr-00043-RLV-DCK-2; 5:15-cv-00012-RLV) Submitted: October 20, 2015 Decided: October 23, 2015 Before MOTZ, KEENAN, and THACKER, Circuit Judges. Dismissed by unpublished per curiam opinion. Clayton Doyle Bullin, Appellant Pro Se. Elizabeth Margaret Greenough, OFFICE OF THE UNITED STATES ATTORNEY, Charlotte, North Carolina; Amy Elizabeth Ray, Assistant United States Attorney, Asheville, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. Appeal: 15-7002 Doc: 9 Filed: 10/23/2015 Pg: 2 of 3 PER CURIAM: Clayton Doyle Bullin 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. Slack satisfies jurists this would of the v. McDaniel, 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 Bullin has not made the requisite showing. Accordingly, we deny Bullin’s motion for a certificate of appealability and dismiss the appeal. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials 2 Appeal: 15-7002 before Doc: 9 this Filed: 10/23/2015 court and Pg: 3 of 3 argument would not aid the decisional process. DISMISSED 3

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