US v. Donald Elbert Lewi
Filing
UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to dismiss appeal pursuant to FRAP 42(b) [999647216-2]; denying Motion for other relief [999645945-2], updating certificate of appealability status Originating case number: 4:12-cr-00068-FL-2,4:13-cv-00182-FL Copies to all parties and the district court/agency. [999723430]. Mailed to: Donald Elbert Lewis PAMLICO COUNTY DETENTION CENTER P. O. Box 437 Bayboro, NC 28515 Augustus D. Willis. [15-7175]
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-7175
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
DONALD ELBERT LEWIS, a/k/a Peptone,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Greenville. Louise W. Flanagan,
District Judge. (4:12-cr-00068-FL-2; 4:13-cv-00182-FL)
Submitted:
December 17, 2015
Decided:
December 22, 2015
Before DIAZ and HARRIS, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Donald Elbert Lewis, Appellant Pro Se. Augustus D. Willis, Seth
Morgan Wood, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh,
North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
Donald Elbert Lewis seeks to appeal the district court’s
orders denying relief on his 28 U.S.C. § 2255 (2012) motion and
denying
his
appealable
motion
unless
for
a
reconsideration.
circuit
certificate of appealability.
A
certificate
of
justice
The
or
orders
judge
are
issues
not
a
28 U.S.C. § 2253(c)(1)(B) (2012).
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
that
the
claims
constitutional
529
by
is
U.S.
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
Lewis has not made the requisite showing.
Accordingly, we deny
a certificate of appealability and dismiss the appeal.
We deny
Lewis’ motions to dismiss the appeal pursuant to Fed. R. App. P.
42(b) and for a mental and emotional evaluation.
2
We dispense
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with oral argument because the facts and legal contentions are
adequately
presented
in
the
materials
before
this
court
and
argument would not aid the decisional process.
DISMISSED
3
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