US v. Tuval McKoy


UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying a certificate of appealability. Originating case number: 5:93-cr-00102-F-8,5:12-cv-00368-F. Copies to all parties and the district court. [999801399]. Mailed to: Tuval McKoy. [15-7750]

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Appeal: 15-7750 Doc: 9 Filed: 04/22/2016 Pg: 1 of 3 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-7750 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. TUVAL MCKOY, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. James C. Fox, Senior District Judge. (5:93-cr-00102-F-8; 5:12-cv-00368-F) Submitted: March 30, 2016 Decided: April 22, 2016 Before MOTZ and KEENAN, Circuit Judges, and HAMILTON, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Tuval McKoy, Appellant Pro Se. Barbara Dickerson Kocher, Assistant United States Attorney, Raleigh, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. Appeal: 15-7750 Doc: 9 Filed: 04/22/2016 Pg: 2 of 3 PER CURIAM: Tuval dismissing McKoy his seeks motion to appeal for a the district certificate of court’s order appealability in which he sought reconsideration of the court’s previous order accepting the magistrate judge’s recommendation and dismissing his 28 U.S.C. § 2255 (2012) motion as successive. not appealable unless a circuit certificate of appealability. A certificate of justice or The order is judge issues a 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 McKoy has not made the requisite showing. a certificate of appealability 2 and Accordingly, we deny dismiss the appeal. We Appeal: 15-7750 Doc: 9 dispense Filed: 04/22/2016 with contentions are oral argument adequately Pg: 3 of 3 because presented in the the facts and legal materials before this court and argument would not aid the decisional process. DISMISSED 3

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