US v. Andre L. Corbett

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion for abeyance (Local Rule 12(d)) [999889433-2]; denying Motion to appoint/assign counsel [999889433-3] Originating case number: 3:07-cr-00144-RJC-1,3:13-cv-00298-RJC Copies to all parties and the district court/agency. [999937846]. Mailed to: Corbett. [16-6088]

Appeal: 16-6088

Doc: 11

Filed: 09/29/2016

Pg: 1 of 3

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 16-6088

UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
ANDRE L. CORBETT,
Defendant - Appellant.

Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte.
Robert J. Conrad,
Jr., District Judge. (3:07-cr-00144-RJC-1; 3:13-cv-00298-RJC)

Submitted:

September 15, 2016

Decided:

September 29, 2016

Before WILKINSON, NIEMEYER, and SHEDD, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Andre L. Corbett, Appellant Pro Se. Kimlani M. Ford, Steven R.
Kaufman, Assistant United States Attorneys, Charlotte, North
Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 16-6088

Doc: 11

Filed: 09/29/2016

Pg: 2 of 3

PER CURIAM:
Andre L. Corbett 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 of appealability.
A

certificate

of

28 U.S.C. § 2253(c)(1)(B) (2012).

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.

Slack

satisfies

jurists

this

would

of

the

v.

McDaniel,

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
Corbett has not made the requisite showing.

Accordingly, we

deny a certificate of appealability, deny Corbett’s motions for
abeyance and for appointment of counsel, and dismiss the appeal.
We

dispense

with

oral

argument

2

because

the

facts

and

legal

Appeal: 16-6088

Doc: 11

contentions

are

Filed: 09/29/2016

adequately

Pg: 3 of 3

presented

in

the

materials

before

this court and argument would not aid the decisional process.

DISMISSED

3