US v. Truman Lewi

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 2:12-cr-00507-RMG-1,2:16-cv-01308-RMG Copies to all parties and the district court/agency. [1000038066]. Mailed to: T Lewis. [16-7088]

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Appeal: 16-7088 Doc: 10 Filed: 03/08/2017 Pg: 1 of 3 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-7088 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. TRUMAN LEVI LEWIS, Defendant - Appellant. Appeal from the United States District Court for the District of South Carolina, at Charleston. Richard M. Gergel, District Judge. (2:12-cr-00507-RMG-1; 2:16-cv-01308-RMG) Submitted: March 3, 2017 Decided: March 8, 2017 Before WILKINSON, KING, and SHEDD, Circuit Judges. Dismissed by unpublished per curiam opinion. Truman Levi Lewis, Appellant Pro Se. Winston David Holliday, Jr., Assistant United States Attorney, Columbia, South Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. Appeal: 16-7088 Doc: 10 Filed: 03/08/2017 Pg: 2 of 3 PER CURIAM: Truman Levi Lewis seeks to appeal the district court’s orders denying relief on his 28 U.S.C. § 2255 (2012) motion and Fed. R. Civ. P. 59(c) motion. The orders are 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.” 28 U.S.C. § 2253(c)(2) (2012). 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 Lewis 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 2 Appeal: 16-7088 Doc: 10 adequately Filed: 03/08/2017 presented in the Pg: 3 of 3 materials before this court and argument would not aid the decisional process. DISMISSED 3

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