US v. Samuel Irvin White

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 1:06-cr-00002-CMH-1,1:10-cv-00935-CMH Copies to all parties and the district court/agency. [999804428]. Mailed to: Samuel Irvin White FCI PETERSBURG LOW SATELLITE CAMP P. O. Box 1000 Petersburg, VA 23804-0000 Stephanie Bibighaus Hammerstrom. [15-7928]

Appeal: 15-7928

Doc: 16

Filed: 04/26/2016

Pg: 1 of 3

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 15-7928

UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
SAMUEL IRVIN WHITE,
Defendant - Appellant.

Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria.
Claude M. Hilton, Senior
District Judge. (1:06-cr-00002-CMH-1; 1:10-cv-00935-CMH)

Submitted:

April 21, 2016

Decided:

April 26, 2016

Before WILKINSON, KING, and KEENAN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Samuel Irvin White, Appellant Pro Se. Stephanie Bibighaus
Hammerstrom, OFFICE OF THE UNITED STATES ATTORNEY, Lauren Elyse
Marziani, Special Assistant United States Attorney, Alexandria,
Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 15-7928

Doc: 16

Filed: 04/26/2016

Pg: 2 of 3

PER CURIAM:
Samuel Irvin White 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

(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

demonstrating
district

merits,
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
White has not made the requisite showing.
a

certificate

dispense

with

of

appealability

oral

argument

and

dismiss

because

2

Accordingly, we deny

the

the

appeal.

facts

and

We
legal

Appeal: 15-7928

Doc: 16

contentions

are

Filed: 04/26/2016

adequately

Pg: 3 of 3

presented

in

the

materials

before

this court and argument would not aid the decisional process.

DISMISSED

3