US v. Calvin Young

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion to appoint/assign counsel denied [999672406-2], certificate of appealability denied. Originating case number: 4:96-cr-00243-NCT-1,1:12-cv-00368-NCT-JEP Copies to all parties and the district court. [999738533]. Mailed to: Calvin Tyrone Young. [15-7433]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 15-7433

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
CALVIN TYRONE YOUNG, a/k/a Too Short,
Defendant - Appellant.

Appeal from the United States District Court for the Middle
District of North Carolina, at Greensboro.
N. Carlton Tilley,
Jr., Senior District Judge.
(4:96-cr-00243-NCT-1; 1:12-cv00368-NCT-JEP)

Submitted:

January 14, 2016

Decided:

January 20, 2016

Before AGEE, WYNN, and FLOYD, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Calvin Tyrone Young, Appellant Pro Se. Robert Michael Hamilton,
Michael Francis Joseph, 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Unpublished opinions are not binding precedent in this circuit.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:
Calvin Tyrone Young seeks to appeal the district court’s
order accepting the recommendation of the magistrate judge and
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 of appealability.
A

certificate

of

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

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
Young has not made the requisite showing.

Accordingly, we deny

a certificate of appealability, deny Young’s motion to appoint
counsel, and dismiss the appeal.

We dispense with oral argument

because the facts and legal contentions are adequately presented
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in the materials before this court and argument would not aid
the decisional process.

DISMISSED

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