US v. Richard McDonald
UNPUBLISHED PER CURIAM OPINION filed. A certificate of appealability is denied. Originating case number: 1:10-cr-00090-IMK-RWT-1, 1:13-cv-00229-IMK-RWT. Copies to all parties and the district court/agency . Mailed to: Richard McDonald. [16-7246]
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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 Northern District of West Virginia, at
Clarksburg. Irene M. Keeley, District Judge. (1:10-cr-00090-IMK-RWT-1; 1:13-cv00229-IMK-RWT)
Submitted: March 23, 2017
Decided: April 20, 2017
Before GREGORY, Chief Judge, and NIEMEYER and KING, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Richard McDonald, Appellant Pro Se. Zelda Elizabeth Wesley, Assistant United States
Attorney, Clarksburg, West Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
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Richard McDonald seeks to appeal the district court’s order accepting the
recommendation of the magistrate judge and denying relief on McDonald’s 28 U.S.C.
§ 2255 (2012) motion. The order is 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 McDonald 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 adequately presented in the materials before this court and argument would not aid the
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