US v. Damon Elliott
Filing
UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 8:97-cr-00053-PJM-1,8:16-cv-02697-PJM Copies to all parties and the district court/agency. [999975693]. Mailed to: Damon Elliott. [16-7071]
Appeal: 16-7071
Doc: 9
Filed: 11/28/2016
Pg: 1 of 2
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 16-7071
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
DAMON EMANUEL ELLIOTT,
Defendant - Appellant.
Appeal from the United States District Court for the District of
Maryland, at Greenbelt. Peter J. Messitte, Senior District Judge.
(8:97-cr-00053-PJM-1; 8:16-cv-02697-PJM)
Submitted:
November 22, 2016
Decided:
November 28, 2016
Before DIAZ and THACKER, Circuit Judges, and DAVIS, Senior Circuit
Judge.
Dismissed by unpublished per curiam opinion.
Damon Emanuel Elliott, Appellant Pro Se. Lindsay Eyler Kaplan,
Assistant United States Attorney, Greenbelt, Maryland, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
Appeal: 16-7071
Doc: 9
Filed: 11/28/2016
Pg: 2 of 2
PER CURIAM:
Damon Emanuel Elliott seeks to appeal the district court’s
order dismissing as successive his 28 U.S.C. § 2255 (2012) motion.
The order is not appealable unless a circuit justice or judge
issues a certificate of appealability.
(2012).
28 U.S.C. § 2253(c)(1)(B)
A certificate of appealability will not issue absent “a
substantial showing of the denial of a constitutional right.”
U.S.C. § 2253(c)(2) (2012).
28
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
constitutional right.
a
debatable
claim
of
the
denial
of
a
Slack, 529 U.S. at 484-85.
We have independently reviewed the record and conclude that
Elliott has not made the requisite showing.
Accordingly, we deny
a certificate of appealability and dismiss the appeal. We dispense
with oral argument because the facts and legal contentions are
adequately
presented
in
the
materials
before
this
court
and
argument would not aid the decisional process.
DISMISSED
2
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?