US v. Telvon Taylor

Filing

UNPUBLISHED PER CURIAM OPINION filed. Denied leave to proceed in forma pauperis, denied certificate of appealability. Originating case number: 8:06-cr-00131-RWT-9,8:14-cv-03722-RWT. Copies to all parties and the district court. [999738589]. Mailed to: Telvon Taylor. [15-7572]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 15-7572

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
TELVON TAYLOR,
Defendant - Appellant.

Appeal from the United States District Court for the District of
Maryland, at Greenbelt. Roger W. Titus, Senior District Judge.
(8:06-cr-00131-RWT-9; 8:14-cv-03722-RWT)

Submitted:

January 14, 2016

Decided:

January 20, 2016

Before AGEE, WYNN, and FLOYD, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Telvon Taylor, Appellant Pro Se.
James Andrew Crowell, IV,
Barbara Suzanne Skalla, Assistant United States Attorneys,
Greenbelt, Maryland, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Telvon Taylor seeks to appeal the district court’s order
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
Taylor has not made the requisite showing.
leave

to

proceed

in

forma

pauperis,

appealability, and dismiss the appeal.

Accordingly, we deny

deny

a

certificate

of

We dispense with oral

argument because the facts and legal contentions are adequately

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presented in the materials before this court and argument would
not aid the decisional process.
DISMISSED

3