US v. Jerome Gleaton


UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to proceed in forma pauperis (FRAP 24) [999900394-2]. Originating case numbers: 3:12-cr-00063-HEH-DJN-1, 3:13-cv-00434-HEH-DJN. Copies to all parties and the district court. [999973160]. Mailed to: Appellant. [16-6773]

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Appeal: 16-6773 Doc: 9 Filed: 11/22/2016 Pg: 1 of 3 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-6773 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. JEROME DANEK GLEATON, a/k/a Jerome Danek Gleatin, a/k/a Jerome Gleason, a/k/a Ronnie, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. Henry E. Hudson, District Judge. (3:12-cr-00063-HEH-DJN-1; 3:13-cv-00434-HEH-DJN) Submitted: November 17, 2016 Decided: November 22, 2016 Before GREGORY, Chief Judge, and MOTZ and TRAXLER, Circuit Judges. Dismissed by unpublished per curiam opinion. Jerome Danek Gleaton, Appellant Pro Se. Olivia L. Norman, OFFICE OF THE UNITED STATES ATTORNEY, Richmond, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. Appeal: 16-6773 Doc: 9 Filed: 11/22/2016 Pg: 2 of 3 PER CURIAM: Jerome Danek Gleaton seeks to appeal the district court’s order dismissing his 28 U.S.C. § 2255 (2012) motion. not appealable unless a circuit certificate of appealability. justice or The order is judge issues a 28 U.S.C. § 2253(c)(1)(B) (2012). A certificate of appealability will not issue absent “a substantial showing of the denial of a constitutional right.” § 2253(c)(2) (2012). 28 U.S.C. 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 (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 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 Gleaton has not made the requisite showing. Accordingly, we deny a certificate of appealability, deny leave to proceed in forma pauperis, and dismiss the appeal. We dispense with oral argument because the facts and legal contentions are adequately presented 2 Appeal: 16-6773 Doc: 9 Filed: 11/22/2016 Pg: 3 of 3 in the materials before this court and argument would not aid the decisional process. DISMISSED 3

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