US v. Corey Duggin
Filing
UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 5:09-cr-00210-F-1,5:15-cv-00457-F Copies to all parties and the district court/agency. [999738790].. [15-7643]
Appeal: 15-7643
Doc: 8
Filed: 01/20/2016
Pg: 1 of 2
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-7643
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
COREY NICHOLAS DUGGINS,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh.
James C. Fox, Senior
District Judge. (5:09-cr-00210-F-1; 5:15-cv-00457-F)
Submitted:
January 14, 2016
Decided:
January 20, 2016
Before AGEE, WYNN, and FLOYD, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Corey Nicholas Duggins, Appellant Pro Se. Michael Gordon James,
Seth Morgan Wood, OFFICE OF THE UNITED STATES ATTORNEY, Rudy E.
Renfer, Assistant United States Attorney, Raleigh, North Carolina,
for Appellee.
Unpublished opinions are not binding precedent in this circuit.
Appeal: 15-7643
Doc: 8
Filed: 01/20/2016
Pg: 2 of 2
PER CURIAM:
Corey Nicholas Duggins seeks to appeal the district court’s
order dismissing as successive his 28 U.S.C. § 2255 (2012) motion.
The order is not appealable unless a circuit justice or judge
issues a certificate of appealability.
(2012).
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.”
U.S.C. § 2253(c)(2) (2012).
28
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 (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
constitutional right.
a
debatable
claim
of
the
denial
of
a
Slack, 529 U.S. at 484-85.
We have independently reviewed the record and conclude that
Duggins has not made the requisite showing.
Accordingly, we deny
a certificate of appealability and dismiss the appeal. We dispense
with oral argument because the facts and legal contentions are
adequately
presented
in
the
materials
before
this
court
and
argument would not aid the decisional process.
DISMISSED
2
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