US v. Douglas Grigsby
Filing
UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to proceed in forma pauperis (FRAP 24) [999863882-2], denying certificate of appealability. Originating case number: 4:08-cr-00109-RBS-FBS-1. Copies to all parties and the district court/agency. [999952347]. [16-6778]
Appeal: 16-6778
Doc: 13
Filed: 10/21/2016
Pg: 1 of 3
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 16-6778
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
DOUGLAS GLENN GRIGSBY,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Newport News.
Rebecca Beach Smith,
Chief District Judge. (4:08-cr-00109-RBS-FBS-1)
Submitted:
October 18, 2016
Decided:
October 21, 2016
Before WILKINSON, KING, and FLOYD, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Douglas Glenn Grigsby, Appellant Pro Se.
Lisa Rae McKeel,
Assistant United States Attorney, Newport News, Virginia, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
Appeal: 16-6778
Doc: 13
Filed: 10/21/2016
Pg: 2 of 3
PER CURIAM:
Douglas Glenn Grigsby seeks to appeal the district court’s
order
construing
his
motion
to
recall
the
mandate
as
a
successive and unauthorized 28 U.S.C. § 2255 (2012) motion and
dismissing it on that basis.
a
circuit
justice
appealability.
or
The order is not appealable unless
judge
issues
a
certificate
28 U.S.C. § 2253(c)(1)(B) (2012).
of
A certificate
of appealability will not issue absent “a substantial showing of
the denial of a constitutional right.”
(2012).
28 U.S.C. § 2253(c)(2)
When the district court denies relief on the merits, a
prisoner
satisfies
this
jurists
would
reasonable
standard
find
by
that
demonstrating
the
district
that
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).
denies
relief
demonstrate
both
on
procedural
that
the
When the district court
grounds,
dispositive
the
prisoner
procedural
ruling
must
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
Grigsby 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
2
Appeal: 16-6778
Doc: 13
Filed: 10/21/2016
Pg: 3 of 3
presented in the materials before this court and argument would
not aid the decisional process.
DISMISSED
3
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?