US v. Robert White


UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--updating certificate of appealability status. Originating case number: 3:11-cr-02303-CMC-1, 3:14-cv-04436-CMC. Copies to all parties and the district court/agency [999723300]. Mailed to: Robert James Pearson White. [15-7210]

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Appeal: 15-7210 Doc: 10 Filed: 12/22/2015 Pg: 1 of 3 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-7210 UNITED STATES OF AMERICA, Plaintiff – Appellee, v. ROBERT JAMES PEARSON WHITE, a/k/a RJ, Defendant - Appellant. Appeal from the United States District Court for the District of South Carolina, at Columbia. Cameron McGowan Currie, Senior District Judge. (3:11-cr-02303-CMC-1; 3:14-cv-04436-CMC) 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 Dismissed by unpublished per curiam opinion. Robert James Pearson White, Appellant Pro Se. Stanley D. Ragsdale, Julius Ness Richardson, Assistant United States Attorneys, Columbia, South Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. Appeal: 15-7210 Doc: 10 Filed: 12/22/2015 Pg: 2 of 3 PER CURIAM: Robert James Pearson White seeks to appeal the district court’s order motion. The order is not appealable unless a circuit justice or judge issues denying a relief certificate § 2253(c)(1)(B) (2012). issue absent “a on of 28 U.S.C. § 2255 appealability. 28 (2012) U.S.C. A certificate of appealability will not substantial constitutional right.” his 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 White has not made the requisite showing. a certificate dispense with of appealability oral argument and dismiss because 2 Accordingly, we deny the the appeal. facts and We legal Appeal: 15-7210 Doc: 10 contentions are Filed: 12/22/2015 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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