US v. John Richard Elinski


UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to proceed in forma pauperis (FRAP 24) [999763549-2] Originating case number: 1:14-cr-00431-LMB-1,1:16-cv-00065-LMB Copies to all parties and the district court/agency. [999830000]. Mailed to: Elinski. [16-6209]

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Appeal: 16-6209 Doc: 10 Filed: 05/23/2016 Pg: 1 of 3 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-6209 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. JOHN RICHARD ELINSKI, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Leonie M. Brinkema, District Judge. (1:14-cr-00431-LMB-1; 1:16-cv-00065-LMB) Submitted: May 18, 2016 Decided: May 23, 2016 Before SHEDD, DIAZ, and HARRIS, Circuit Judges. Dismissed by unpublished per curiam opinion. John Richard Elinski, Appellant Pro McCormick, Assistant United States Virginia, for Appellee. Se. Tracy DohertyAttorney, Alexandria, Unpublished opinions are not binding precedent in this circuit. Appeal: 16-6209 Doc: 10 Filed: 05/23/2016 Pg: 2 of 3 PER CURIAM: John Richard Elinski 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 (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. 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 Elinski has not made the requisite showing. Accordingly, we deny a certificate of appealability, deny leave to proceed in forma pauperis, and dismiss the appeal. We dispense with oral argument because the facts and legal contentions are adequately 2 Appeal: 16-6209 Doc: 10 Filed: 05/23/2016 Pg: 3 of 3 presented in the materials before this court and argument would not aid the decisional process. DISMISSED 3

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