US v. Tyrone Dale
UNPUBLISHED PER CURIAM OPINION filed denying certificate of appealability. Originating case number: 1:10-cr-00144-RDB-1, 1:14-cv-00816-RDB. Copies to all parties and the district court. . Mailed to: Tyrone Dale. [15-7467]
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UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff – Appellee,
Defendant - Appellant.
Appeal from the United States District Court for the District of
Maryland, at Baltimore.
Richard D. Bennett, District Judge.
March 29, 2016
March 31, 2016
Before GREGORY and DUNCAN, Circuit Judges, and DAVIS, Senior
Dismissed by unpublished per curiam opinion.
Tyrone Dale, Appellant Pro Se. Clinton Jacob Fuchs, Assistant
United States Attorney, Rod J. Rosenstein, United States
Attorney, Baltimore, Maryland, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
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denying his 28 U.S.C. § 2255 (2012) motion as untimely.
order is not appealable unless a circuit justice or judge issues
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
(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
claim of the denial of a constitutional right.
Slack, 529 U.S.
We have independently reviewed the record and conclude that
Dale has not made the requisite showing.
Accordingly, we deny a
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this court and argument would not aid the decisional process.
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