US v. Byron Anthony Grey, Jr.

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 8:08-cr-00462-RWT-1,8:13-cv-01599-RWT Copies to all parties and the district court/agency. [999919685]. Mailed to: Byron Grey, Jr.. [16-6523]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 16-6523

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
BYRON ANTHONY GREY, JR.,
Defendant - Appellant.

Appeal from the United States District Court for the District of
Maryland, at Greenbelt. Roger W. Titus, Senior District Judge.
(8:08-cr-00462-RWT-1; 8:13-cv-01599-RWT)

Submitted:

August 25, 2016

Decided:

August 30, 2016

Before NIEMEYER, DIAZ, and FLOYD, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Byron Anthony Grey, Jr., Appellant Pro Se.
Deborah
A.
Johnston,
Assistant
United
Greenbelt, Maryland, for Appellee.

Stacy Dawson Belf,
States
Attorneys,

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Byron

Anthony

Grey,

§ 2253(c)(1)(B) (2012).
issue

absent

“a

of

U.S.C.

district

§ 2255

appealability.

28

(2012)

U.S.C.

A certificate of appealability will not

substantial

constitutional right.”

28

the

The order is not appealable unless a circuit justice or
certificate

his

appeal

motion.

a

on

to

order

issues

relief

seeks

court’s

judge

denying

Jr.,

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
Grey has not made the requisite showing.
certificate
dispense

of

with

appealability
oral

argument

and

dismiss

because

2

Accordingly, we deny a

the

the

appeal.

facts

and

We
legal

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contentions

are

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adequately

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presented

in

the

materials

before

this court and argument would not aid the decisional process.

DISMISSED

3