US v. Byron Anthony Grey, Jr.


UNPUBLISHED PER CURIAM OPINION filed.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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Appeal: 16-6523 Doc: 12 Filed: 08/30/2016 Pg: 1 of 3 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-6523 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. BYRON ANTHONY GREY, JR., Defendant -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 Dismissed by unpublished per curiam opinion.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 Stacy Dawson Belf, States Attorneys, Unpublished opinions are not binding precedent in this circuit. Appeal: 16-6523 Doc: 12 Filed: 08/30/2016 Pg: 2 of 3 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 Appeal: 16-6523 Doc: 12 contentions are Filed: 08/30/2016 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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