US v. Okang Rochelle
UNPUBLISHED PER CURIAM OPINION filed. Originating case numbers: 1:05-cr-00112-WO-1, 1:12-cv-01121-WO-JLW. Copies to all parties and the district court. . Mailed to: Appellant. [16-6743]
Pg: 1 of 3
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff – Appellee,
OKANG KAREEN ROCHELLE,
Defendant - Appellant.
Appeal from the United States District Court for the Middle
District of North Carolina, at Greensboro.
William L. Osteen,
Jr., Chief District Judge.
March 9, 2017
March 21, 2017
Before GREGORY, Chief Judge, and SHEDD and AGEE, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Okang Kareen Rochelle, Appellant Pro Se. Angela Hewlett Miller,
Greensboro, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
Pg: 2 of 3
Okang Kareen Rochelle seeks to appeal the district court’s
orders denying relief on his 28 U.S.C. § 2255 (2012) and Fed. R.
Civ. P. 59(e) motions.
The orders are not appealable unless a
circuit justice or judge issues a certificate of appealability.
appealability will not issue absent “a substantial showing of
the denial of a constitutional right.”
28 U.S.C. § 2253(c)(2)
When the district court denies relief on the merits, a
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).
When the district court
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
Rochelle has not made the requisite showing.
deny a certificate of appealability and dismiss the appeal.
Pg: 3 of 3
this court and argument would not aid the decisional process.
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?