US v. Dellonte Seburn


UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying a certificate of appealability; denying Motion to suspend [999915776-2], denying Motion to suspend [999913229-2]; denying Motion to remand case [999915776-3], denying Motion to remand case [999913229-3]; denying Motion to appoint/assign counsel [999913229-4]. Originating case number: 5:13-cr-00005-D-1,5:15-cv-00204-D. Copies to all parties and the district court. [1000030939]. Mailed to: Dellonte Seburn. [16-6985]

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Appeal: 16-6985 Doc: 17 Filed: 02/27/2017 Pg: 1 of 3 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-6985 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. DELLONTE RASHAUN SEBURN, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. James C. Dever III, Chief District Judge. (5:13-cr-00005-D-1; 5:15-cv-00204-D) Submitted: February 23, 2017 Decided: February 27, 2017 Before SHEDD and DIAZ, Circuit Judges, and DAVIS, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Dellonte Rashaun Seburn, Appellant Pro Se. Jennifer P. May-Parker, Roberto Francisco Ramirez, Assistant United States Attorneys, Raleigh, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. Appeal: 16-6985 Doc: 17 Filed: 02/27/2017 Pg: 2 of 3 PER CURIAM: Dellonte Rashaun Seburn seeks to appeal the district court’s order denying relief on his 28 U.S.C. § 2255 (2012) motion. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. 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 Seburn has not made the requisite showing. a certificate of appealability and Accordingly, we deny dismiss the appeal. Additionally, we deny Seburn’s motion for appointment of counsel and to remand or suspend the certificate of appealability review. We dispense with oral argument 2 because the facts and legal Appeal: 16-6985 Doc: 17 Filed: 02/27/2017 Pg: 3 of 3 contentions are adequately presented in the materials before this court and argument would not aid the decisional process. DISMISSED 3

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