US v. Jermaine Bennett

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 1:10-cr-00210-TDS-1,1:12-cv-00880-TDS-JLW Copies to all parties and the district court/agency. [999750037]. Mailed to: Jermaine Bennett. [15-7343]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 15-7343

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JERMAINE
Bennett,

OTEASO

OGATDES

BENNETT,

a/k/a

Jermaine

Oteaso

Defendant - Appellant.

Appeal from the United States District Court for the Middle
District of North Carolina, at Greensboro. Thomas D. Schroeder,
District Judge. (1:10-cr-00210-TDS-1; 1:12-cv-00880-TDS-JLW)

Submitted:

January 28, 2016

Decided:

February 5, 2016

Before MOTZ, KING, and DUNCAN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Jermaine Oteaso Ogatdes Bennett, Appellant Pro Se.
Lisa Blue
Boggs, Robert Michael Hamilton, Angela Hewlett Miller, Assistant
United
States
Attorneys,
Greensboro,
North
Carolina,
for
Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Jermaine
district

Oteaso

court’s

magistrate

judge

(2012) motion.
justice

or

Ogatdes

order
and

Bennett

accepting

denying

the

relief

on

seeks

to

appeal

recommendation
his

28

the

of

U.S.C.

the

§ 2255

The order is not appealable unless a circuit

judge

issues

a

certificate

U.S.C. § 2253(c)(1)(B) (2012).

of

appealability.

28

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).

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
Bennett has not made the requisite showing.

Accordingly, we

deny a certificate of appealability and dismiss the appeal.
dispense

with

oral

argument

because

2

the

facts

and

We

legal

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contentions

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are

adequately

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presented

in

the

materials

before

this court and argument would not aid the decisional process.

DISMISSED

3