US v. James Baylor
UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 3:11-cr-00064-JRS-1, 3:14-cv-00840-JRS. Copies to all parties and the district court/agency. . Mailed to: James Baylor. [16-6459]
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UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
JAMES DERRICK BAYLOR,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond.
James R. Spencer, Senior
District Judge. (3:11-cr-00064-JRS-1; 3:14-cv-00840-JRS)
October 7, 2016
October 14, 2016
Before NIEMEYER, AGEE, and THACKER, Circuit Judges.
Dismissed by unpublished per curiam opinion.
James Derrick Baylor, Appellant Pro Se.
Michael Arlen Jagels,
Special Assistant United States Attorney, Richmond, Virginia,
Unpublished opinions are not binding precedent in this circuit.
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James Derrick Baylor seeks to appeal the district court’s
order denying relief on his 28 U.S.C. § 2255 (2012) motion.
order is not appealable unless a circuit justice or judge issues
a certificate of appealability.
See 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).
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).
When the district court
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
Baylor has not made the requisite showing.
Accordingly, we deny
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this court and argument would not aid the decisional process.
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