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UNPUBLISHED PER CURIAM OPINION filed.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. [999947337]. Mailed to: James Baylor. [16-6459]

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Appeal: 16-6459 Doc: 8 Filed: 10/14/2016 Pg: 1 of 3 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-6459 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. JAMES DERRICK BAYLOR, Defendant -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) Submitted: October 7, 2016 Decided: 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 Dismissed by unpublished per curiam opinion.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, for Appellee. Unpublished opinions are not binding precedent in this circuit. Appeal: 16-6459 Doc: 8 Filed: 10/14/2016 Pg: 2 of 3 PER CURIAM: James Derrick Baylor 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 of appealability. (2012). 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). When prisoner the district court satisfies this jurists would reasonable denies relief standard find by that on the merits, demonstrating the district a 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 on both procedural that the When the district court grounds, dispositive the prisoner procedural must 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 Baylor 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 Appeal: 16-6459 Doc: 8 contentions Filed: 10/14/2016 are adequately 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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