US v. Ira Taylor


UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 1:13-cr-00078-JFM-1,1:15-cv-03747-JFM Copies to all parties and the district court/agency. [1000026536]. Mailed to: Ira Taylor FCI FAIRTON FEDERAL CORRECTIONAL INSTITUTION P. O. Box 420 Fairton, NJ 08320-0000. [16-6980]

Download PDF
Appeal: 16-6980 Doc: 13 Filed: 02/21/2017 Pg: 1 of 3 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-6980 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. IRA TAYLOR, Defendant - Appellant. Appeal from the United States District Court for the District of Maryland, at Baltimore. J. Frederick Motz, Senior District Judge. (1:13-cr-00078-JFM-1; 1:15-cv-03747-JFM) Submitted: February 16, 2017 Before GREGORY, Chief Judge, and HAMILTON, Senior Circuit Judge. Decided: DUNCAN, February 21, 2017 Circuit Judge, and Dismissed by unpublished per curiam opinion. Ira Taylor, Appellant Pro Se. Benjamin M. Block, OFFICE OF THE UNITED STATES ATTORNEY, Debra Lynn Dwyer, Assistant United States Attorney, Michael Clayton Hanlon, Assistant United States Attorney, Baltimore, Maryland; Scott Andrew Lemmon, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina; Henry Brandis Marsh, Jr., Assistant State’s Attorney, Baltimore, Maryland, for Appellee. Unpublished opinions are not binding precedent in this circuit. Appeal: 16-6980 Doc: 13 Filed: 02/21/2017 Pg: 2 of 3 PER CURIAM: Ira Taylor seeks to appeal the district court’s denying relief on his 28 U.S.C. § 2255 (2012) motion. order 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 demonstrating district merits, 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 Taylor has not made the requisite showing. a certificate dispense with of appealability oral argument and dismiss because 2 Accordingly, we deny the the appeal. facts and We legal Appeal: 16-6980 Doc: 13 contentions are Filed: 02/21/2017 adequately 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?