US v. Robert White

Filing

UNPUBLISHED PER CURIAM OPINION filed.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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UNPUBLISHED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Dismissed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.

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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

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contentions

are

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adequately

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presented

in

the

materials

before

this court and argument would not aid the decisional process.

DISMISSED

3