US v. Tyrone Dale

Filing

UNPUBLISHED PER CURIAM OPINION filed denying certificate of appealability.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. [999785758]. Mailed to: Tyrone Dale. [15-7467]

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Appeal: 15-7467 Doc: 15 Filed: 03/31/2016 Pg: 1 of 3 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-7467 UNITED STATES OF AMERICA, Plaintiff – Appellee, v. TYRONE DALE, Defendant - Appellant. Appeal from the United States District Court for the District of Maryland, at Baltimore. Richard D. Bennett, District Judge. (1:10-cr-00144-RDB-1; 1:14-cv-00816-RDB) Submitted: March 29, 2016 Decided: March 31, 2016 Before GREGORY and DUNCAN, Circuit Judges, and DAVIS, Senior Circuit Judge. Dismissed by unpublished per curiam opinion.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 Unpublished opinions are not binding precedent in this circuit. Appeal: 15-7467 Doc: 15 Filed: 03/31/2016 Pg: 2 of 3 PER CURIAM: Tyrone Dale seeks to appeal the district court’s order denying his 28 U.S.C. § 2255 (2012) motion as untimely. The order is not appealable unless a circuit justice or judge issues a certificate (2012). of appealability. 28 U.S.C. § 2253(c)(1)(B) 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). relief on the merits, demonstrating district that court’s debatable or a When the district court denies prisoner reasonable assessment wrong. satisfies jurists would of the v. McDaniel, Slack this 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 Dale has not made the requisite showing. certificate dispense of with appealability oral argument and dismiss because 2 Accordingly, we deny a the the appeal. facts and We legal Appeal: 15-7467 Doc: 15 contentions are Filed: 03/31/2016 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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