US v. Donald Shealey

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 5:08-cr-00282-F-2,5:12-cv-00538-F. Copies to all parties and the district court/agency. [999918769]. Mailed to: Donald Shealey. [16-6156]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 16-6156

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
DONALD STANTON SHEALEY, a/k/a Face, a/k/a Diddy, a/k/a Face
Diddy, a/k/a The City, a/k/a Donald Santon Shealey,
Defendant - Appellant.

Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh.
James C. Fox, Senior
District Judge. (5:08-cr-00282-F-2; 5:12-cv-00538-F)

Submitted:

August 25, 2016

Decided:

August 29, 2016

Before NIEMEYER, DIAZ, and FLOYD, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Donald Stanton Shealey, Appellant Pro Se. Stephen Aubrey West,
Assistant United States Attorney, Jonathan Philip Holbrook,
Tobin Webb Lathan, Banumathi Rangarajan, 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Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Donald Stanton Shealey seeks to appeal the district court’s
orders accepting the recommendation of the magistrate judge and
denying relief on his 28 U.S.C. § 2255 (2012) motion and denying
his Fed. R. Civ. P. 59(e) motion.
unless

a

circuit

appealability.

justice

or

The orders are 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

both

on

procedural

that

the

When the district court

grounds,

dispositive

the

prisoner

procedural

ruling

must
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
Shealey has not made the requisite showing.

Accordingly, we

deny Shealey’s motion for a certificate of appealability and
dismiss the appeal.
facts

and

legal

We dispense with oral argument because the

contentions

are
2

adequately

presented

in

the

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materials

before

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this

court

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and

argument

would

not

aid

the

decisional process.

DISMISSED

3