US v. Johnny William

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 5:08-cr-00295-BO-1,5:13-cv-00805-BO. Copies to all parties and the district court/agency. [999801246]. Mailed to: Johnny Williams. [16-6060]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 16-6060

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JOHNNY JUNIOR WILLIAMS,
Defendant - Appellant.

Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh.
Terrence W. Boyle,
District Judge. (5:08-cr-00295-BO-1; 5:13-cv-00805-BO)

Submitted:

April 19, 2016

Decided:

April 22, 2016

Before AGEE, DIAZ, and THACKER, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Johnny Junior Williams, Appellant Pro Se.
Matthew Fesak, Jane
J. Jackson, Jennifer P. May-Parker, Assistant United States
Attorneys, Shailika S. Kotiya, Kimberly Ann Moore, Seth Morgan
Wood, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North
Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Johnny Junior Williams seeks to appeal the district court’s
order

construing

his

motion

to

reverse

the

judgment

as

a

successive 28 U.S.C. § 2255 (2012) motion, and dismissing it on
that

basis.

justice

or

The
judge

order
issues

is
a

not

appealable

certificate

U.S.C. § 2253(c)(1)(B) (2012).

of

unless

a

circuit

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
Williams has not made the requisite showing.

Accordingly, we

deny a certificate of appealability and dismiss the appeal.
dispense

with

oral

argument

because

2

the

facts

and

We

legal

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contentions

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are

adequately

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presented

in

the

materials

before

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

3