US v. Vagas Davi

Filing

UNPUBLISHED PER CURIAM OPINION filed denying certificate of appealability status. Originating case number: 3:10-cr-00309-HEH-1, 3:13-cv-00617-HEH. Copies to all parties and the district court. [999871643]. Mailed to: Vagas Davis. [16-6164]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 16-6164

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
VAGAS DAVIS, a/k/a Vegas Gabriel Davis,
Defendant - Appellant.

Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond.
Henry E. Hudson, District
Judge. (3:10-cr-00309-HEH-1; 3:13-cv-00617-HEH)

Submitted:

June 23, 2016

Decided:

June 28, 2016

Before MOTZ, KING, and WYNN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Vagas Davis, Appellant Pro Se.
Assistant United States Attorney,
Appellee.

Angela Mastandrea-Miller,
Richmond, Virginia, for

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Vagas Davis seeks to appeal the district court’s orders
denying relief on his 28 U.S.C. § 2255 (2012) motion and denying
his motion for reconsideration, Fed. R. Civ. P. 59(e).

The

order is not appealable unless a circuit justice or judge issues
a

certificate

(2012).

of

appealability.

28

U.S.C.

§ 2253(c)(1)(B)

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).
relief

on

the

demonstrating
district

merits,
that

court’s

debatable

or

a

When the district court denies

prisoner

reasonable

assessment

wrong.

satisfies

jurists

would

of

the

v.

McDaniel,

Slack

this

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
Davis 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

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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