US v. Treadway Manning

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion certificate of appealability (Local Rule 22(a)) [999718005-2]. Originating case number: 4:97-cr-00323-CMC-1,4:15-cv-04354-CMC. Copies to all parties and the district court/agency. [999762932]. Mailed to: Treadway Manning. [15-7821]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 15-7821

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
TREADWAY LEVON MANNING, JR.,
Defendant - Appellant.

Appeal from the United States District Court for the District of
South Carolina, at Florence.
Cameron McGowan Currie, Senior
District Judge. (4:97-cr-00323-CMC-1; 4:15-cv-04354-CMC)

Submitted:

February 23, 2016

Decided:

February 26, 2016

Before MOTZ and GREGORY, Circuit Judges, and HAMILTON, Senior
Circuit Judge.

Dismissed by unpublished per curiam opinion.

Treadway Levon Manning, Appellant Pro Se. Alfred William Walker
Bethea, Jr., Assistant United States Attorney, Florence, South
Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Treadway Levon Manning, Jr., seeks to appeal the district
court’s

order

dismissing

(2012) motion.
justice

or

as

successive

his

28

U.S.C.

§ 2255

The order is not appealable unless a circuit

judge

issues

a

certificate

U.S.C. § 2253(c)(1)(B) (2012).

of

appealability.

28

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 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

Cockrell,

(2000);

(2003).

see

Miller-El

v.

537

U.S.

322,

336-38

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 a
debatable claim of the denial of a constitutional right.

Slack,

529 U.S. at 484-85.
We have independently reviewed the record and conclude that
Manning has not made the requisite showing.

Accordingly, we

deny Manning’s motion for a certificate of appealability and
dismiss the appeal.
facts

and

legal

We dispense with oral argument because the

contentions

are

2

adequately

presented

in

the

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materials

before

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this

court

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and

argument

would

not

aid

the

decisional process.
DISMISSED

3