US v. Ricky Grove

Filing

UNPUBLISHED PER CURIAM OPINION filed. A certificate of appealability is denied. Originating case number: 5:94-cr-00097-F-1, 5:15-cv-00224-F. Copies to all parties and the district court/agency [999918828]. Mailed to: Ricky Lee Groves. [16-6087]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 16-6087

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
RICKY LEE GROVES,
Defendant - Appellant.

Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh.
James C. Fox, Senior
District Judge. (5:94-cr-00097-F-1; 5:15-cv-00224-F)

Submitted:

August 25, 2016

Decided:

August 29, 2016

Before NIEMEYER, DIAZ, and FLOYD, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Ricky Lee Groves, Appellant Pro Se.
G. Norman Acker, III,
Assistant United States Attorney, 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Unpublished opinions are not binding precedent in this circuit.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:
Ricky Lee Groves seeks to appeal the district court’s order
granting

in

part

his

Fed.

R.

Civ.

P.

59(e)

motion

for

reconsideration of a previous order dismissing as successive his
28 U.S.C. § 2255 (2012) motion, and ultimately denying relief on
the merits of the § 2255 motion.
unless

a

circuit

appealability.

justice

or

The order is not appealable

judge

issues

a

certificate

28 U.S.C. § 2253(c)(1)(B) (2012).

of

A certificate

of appealability will not issue absent “a substantial showing of
the denial of a constitutional right.”
(2012).

28 U.S.C. § 2253(c)(2)

When the district court denies relief on the merits, a

prisoner

satisfies

this

jurists

would

reasonable

standard
find

by

that

demonstrating

the

district

that

court’s

assessment of the constitutional claims is debatable or wrong.
Slack v. McDaniel, 529 U.S. 473, 484 (2000); see Miller-El v.
Cockrell, 537 U.S. 322, 336-38 (2003).
denies

relief

demonstrate

on

both

procedural

that

the

When the district court

grounds,

dispositive

the

prisoner

procedural

must

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
Groves 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

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contentions

are

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adequately

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presented

in

the

materials

before

this court and argument would not aid the decisional process.

DISMISSED

3