US v. Jeromey Mitchell

Filing

UNPUBLISHED PER CURIAM OPINION filed. A certificate of appealability is denied. Originating case number: 4:13-cr-00023-D-1, 4:15-cv-00152-D. Copies to all parties and the district court/agency [1000012642]. Mailed to: Jeromey Keith Mitchell. [16-7100]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 16-7100

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JEROMEY KEITH MITCHELL, a/k/a Kaos,
Defendant - Appellant.

Appeal from the United States District Court for the Eastern
District of North Carolina, at Greenville. James C. Dever III,
Chief District Judge. (4:13-cr-00023-D-1; 4:15-cv-00152-D)

Submitted:

January 18, 2017

Decided:

January 30, 2017

Before WILKINSON, MOTZ, and AGEE, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Jeromey Keith Mitchell, Appellant Pro Se. Dena Janae King, Seth
Morgan Wood, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North
Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Jeromey Keith Mitchell 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.
(2012).

See 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).
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
Mitchell 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

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adequately

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presented

in

the

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materials

before

this

court

and

argument would not aid the decisional process.
DISMISSED

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