US v. Demetrius Whitehead

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying a certificate of appealability. Originating case number: 5:10-cr-00213-F-1,5:14-cv-00349-F. Copies to all parties and the district court. [999829831]. Mailed to: Demetrius Whitehead. [16-6059]

Appeal: 16-6059

Doc: 8

Filed: 05/23/2016

Pg: 1 of 2

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 16-6059

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
DEMETRIUS DARRELL WHITEHEAD,
Defendant - Appellant.

Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh.
James C. Fox, Senior
District Judge. (5:10-cr-00213-F-1; 5:14-cv-00349-F)

Submitted:

May 18, 2016

Decided:

May 23, 2016

Before SHEDD, DIAZ, and HARRIS, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Demetrius Darrell Whitehead, Appellant Pro Se. Jennifer P. MayParker, Assistant United States Attorney, Denise Walker, Seth
Morgan Wood, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh,
North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 16-6059

Doc: 8

Filed: 05/23/2016

Pg: 2 of 2

PER CURIAM:
Demetrius Darrell Whitehead seeks to appeal the district
court’s

order

motion.

The order is not appealable unless a circuit justice or

judge

issues

denying

a

relief

certificate

§ 2253(c)(1)(B) (2012).
issue

absent

“a

on

of

28

U.S.C.

§ 2255

appealability.

28

(2012)

U.S.C.

A certificate of appealability will not

substantial

constitutional right.”

his

showing

of

the

denial

28 U.S.C. § 2253(c)(2) (2012).

of

a

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
Whitehead has not made the requisite showing.

Accordingly, we

deny a certificate of appealability and dismiss the appeal.
dispense

with

contentions

are

oral

argument

adequately

because

presented

in

the
the

facts

We

and

legal

materials

before

this court and argument would not aid the decisional process.
DISMISSED
2