US v. Jeffrey Glenn Toohey

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--granting Motion to amend/correct [999652859-2] Originating case number: 4:12-cr-00046-BR-1,4:15-cv-00003-BR Copies to all parties and the district court/agency. [999703310]. Mailed to: Jeffrey Glenn Toohey FCI EDGEFIELD FEDERAL CORRECTIONAL INSTITUTION P. O. Box 725 Edgefield, SC 29824-0000. [15-7049]

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Appeal: 15-7049 Doc: 9 Filed: 11/20/2015 Pg: 1 of 3 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-7049 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. JEFFREY GLENN TOOHEY, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of North Carolina, at Greenville. W. Earl Britt, Senior District Judge. (4:12-cr-00046-BR-1; 4:15-cv-00003-BR) Submitted: November 17, 2015 Decided: November 20, 2015 Before SHEDD, DUNCAN, and DIAZ, Circuit Judges. Dismissed by unpublished per curiam opinion. Jeffrey Glenn Toohey, Appellant Pro Se. Stephen Aubrey West, Assistant United States Attorney, Felice McConnell Corpening, Shailika S. Kotiya, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. Appeal: 15-7049 Doc: 9 Filed: 11/20/2015 Pg: 2 of 3 PER CURIAM: Jeffrey Glenn Toohey 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 merits, demonstrating district 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 Toohey has not made the requisite showing. Accordingly, while we grant Toohey’s motion to amend his informal brief, we deny a certificate dispense of with appealability oral argument and dismiss because 2 the the appeal. facts and We legal Appeal: 15-7049 Doc: 9 contentions Filed: 11/20/2015 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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