US v. Clayton Bullin
Filing
UNPUBLISHED PER CURIAM OPINION filed.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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UNPUBLISHED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Dismissed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.
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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
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argument
would
not
aid
the
decisional
process.
DISMISSED
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