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UNPUBLISHED PER CURIAM OPINION filed.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 . Mailed to: Antonio Lenard Buey. [16-6662]
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UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff – Appellee,
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.
January 31, 2017
February 6, 2017
Before MOTZ and KING, Circuit Judges, and DAVIS, Senior Circuit
Dismissed by unpublished per curiam opinion.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
Unpublished opinions are not binding precedent in this circuit.
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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.
is not appealable unless a circuit justice or judge issues a
certificate of appealability.
28 U.S.C. § 2253(c)(1)(B) (2012).
substantial showing of the denial of a constitutional right.”
28 U.S.C. § 2253(c)(2) (2012).
When the district court denies
(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
claim of the denial of a constitutional right.
Slack, 529 U.S.
We have independently reviewed the record and conclude that
Buey has not made the requisite showing.
Accordingly, we deny a
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this court and argument would not aid the decisional process.
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