US v. David Lewi
UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--updating certificate of appealability status; denying Motion to appoint/assign counsel [999916794-2] Originating case number: 5:11-cr-00229-F-8,5:14-cv-00374-F Copies to all parties and the district court/agency. . Mailed to: David Lewis. [16-7133]
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UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh.
James C. Fox, Senior
District Judge. (5:11-cr-00229-F-8; 5:14-cv-00374-F)
December 16, 2016
June 8, 2017
Before GREGORY, Chief Judge, and MOTZ and SHEDD, Circuit Judges.
Dismissed by unpublished per curiam opinion.
David Lewis, Appellant Pro Se.
Shailika S. Kotiya, OFFICE OF
THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for
Unpublished opinions are not binding precedent in this circuit.
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denying relief on his 28 U.S.C. § 2255 (2012) motion.
is not appealable unless a circuit justice or judge issues a
certificate of appealability.
28 U.S.C. § 2253(c)(1)(B) (2012).
substantial showing of the denial of a constitutional right.”
28 U.S.C. § 2253(c)(2) (2012).
When the district court denies
(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
claim of the denial of a constitutional right.
Slack, 529 U.S.
We have independently reviewed the record and conclude that
Lewis has not made the requisite showing.
Accordingly, we deny
a certificate of appealability, deny Lewis’ motion to appoint
counsel, and dismiss the appeal.
We dispense with oral argument
because the facts and legal contentions are adequately presented
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in the materials before this court and argument would not aid
the decisional process.
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