US v. Antonio Buey


UNPUBLISHED PER CURIAM OPINION filed. A certificate of appealability is denied. Originating case number: 1:10-cr-00062-NCT-1, 1:14-cv-00142-NCT-JEP. Copies to all parties and the district court/agency [1000017452]. Mailed to: Antonio Lenard Buey. [16-6662]

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Appeal: 16-6662 Doc: 12 Filed: 02/06/2017 Pg: 1 of 3 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-6662 UNITED STATES OF AMERICA, Plaintiff – Appellee, v. ANTONIO LENARD BUEY, Defendant - Appellant. Appeal from the United States District Court for the Middle District of North Carolina, at Greensboro. N. Carlton Tilley, Jr., Senior District Judge. (1:10-cr-00062-NCT-1; 1:14-cv00142-NCT-JEP) Submitted: January 31, 2017 Decided: February 6, 2017 Before MOTZ and KING, Circuit Judges, and DAVIS, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Antonio Lenard Buey, Appellant Pro Se. Angela Hewlett Miller, Assistant United States Attorney, Randall Stuart Galyon, OFFICE OF THE UNITED STATES ATTORNEY, Greensboro, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. Appeal: 16-6662 Doc: 12 Filed: 02/06/2017 Pg: 2 of 3 PER CURIAM: Antonio Lenard Buey seeks to appeal the district court’s order accepting the recommendation of the magistrate judge and 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. A certificate of 28 U.S.C. § 2253(c)(1)(B) (2012). 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 merits, demonstrating district that court’s debatable or a When the district court denies prisoner reasonable assessment wrong. satisfies jurists would of the v. McDaniel, Slack this 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 Buey 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: 16-6662 Doc: 12 contentions are Filed: 02/06/2017 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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