US v. Jerrick Rorie

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--updating certificate of appealability status Originating case number: 4:08-cr-00367-TLW-3,4:15-cv-05113-TLW Copies to all parties and the district court/agency. [999801316]. Mailed to: Jerrick Lamont Rorie. [16-6175]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 16-6175

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JERRICK LAMONT RORIE, a/k/a Duwop,
Defendant - Appellant.

Appeal from the United States District Court for the District of
South Carolina, at Florence.
Terry L. Wooten, Chief District
Judge. (4:08-cr-00367-TLW-3; 4:15-cv-05113-TLW)

Submitted:

April 19, 2016

Decided: April 22, 2016

Before AGEE, DIAZ, and THACKER, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Jerrick Lamont Rorie, Appellant Pro Se.
Robert Frank Daley,
Jr., Stanley D. Ragsdale, Assistant United States Attorneys,
Columbia, South Carolina, Arthur Bradley Parham, Assistant
United States Attorney, Florence, South Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Jerrick Lamont Rorie seeks to appeal the district court’s
order

dismissing

motion.
judge

as

successive

28

U.S.C.

§ 2255

(2012)

The order is not appealable unless a circuit justice or
issues

a

certificate

§ 2253(c)(1)(B) (2012).
issue

his

absent

“a

of

28

U.S.C.

A certificate of appealability will not

substantial

constitutional right.”

appealability.

showing

of

the

denial

28 U.S.C. § 2253(c)(2) (2012).

of

a

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
Rorie 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