US v. Ronald Bernard Walker
Filing
UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to expedite decision [999932630-2]; denying Motion certificate of appealability (Local Rule 22(a)) [999918935-2] Originating case number: 3:04-cr-00074-FDW-CH-1,3:16-cv-00451-FDW Copies to all parties and the district court/agency. [1000038974]. Mailed to: Walker. [16-7076]
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 16-7076
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
RONALD BERNARD WALKER,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte.
Frank D. Whitney,
Chief District Judge.
(3:04-cr-00074-FDW-CH-1; 3:16-cv-00451FDW)
Submitted:
February 28, 2017
Decided:
March 9, 2017
Before WILKINSON, AGEE, and WYNN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Ronald Bernard Walker, Appellant Pro Se.
Elizabeth Freeman
Greene, Assistant United States Attorney, Charlotte, North
Carolina, Amy Elizabeth Ray, Assistant United States Attorney,
Asheville, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
Ronald Bernard Walker 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
(2012).
of
appealability.
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.”
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.
Slack
satisfies
jurists
this
would
of
the
v.
McDaniel,
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
Walker has not made the requisite showing.
Accordingly, we deny
Walker’s motion for a certificate of appealability and dismiss
the
appeal.
decision.
legal
We
deny
as
moot
Walker’s
motion
to
expedite
We dispense with oral argument because the facts and
contentions
are
adequately
2
presented
in
the
materials
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before
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this
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court
and
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argument
would
not
aid
the
decisional
process.
DISMISSED
3
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