US v. Truman Lewi
UNPUBLISHED PER CURIAM OPINION filed.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. . Mailed to: T Lewis. [16-7088]
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UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
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.
March 3, 2017
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Dismissed by unpublished per curiam opinion.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
Unpublished opinions are not binding precedent in this circuit.
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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
28 U.S.C. § 2253(c)(2) (2012).
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-
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.
with oral argument because the facts and legal contentions are
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argument would not aid the decisional process.
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