US v. Dennis Lamar Bruton
Filing
UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 1:09-cr-00013-MR-3,1:12-cv-00123-MR Copies to all parties and the district court/agency. [999990768]. Mailed to: Bruton. [16-7260]
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 16-7260
UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
DENNIS LAMAR BRUTON,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of North Carolina, at Asheville. Martin K. Reidinger,
District Judge. (1:09-cr-00013-MR-3; 1:12-cv-00123-MR)
Submitted:
December 15, 2016
Decided:
December 20, 2016
Before SHEDD, DUNCAN, and AGEE, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Dennis Lamar Bruton, Appellant Pro Se. Thomas Michael Kent,
OFFICE OF THE UNITED STATES ATTORNEY, Amy Elizabeth Ray,
Assistant United States Attorney Asheville, North Carolina; Jill
Westmoreland Rose, United States Attorney, Thomas A. O’Malley,
OFFICE OF THE UNITED STATES ATTORNEY, Charlotte, North Carolina,
for Appellee.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
Dennis Lamar Bruton seeks to appeal the district court’s
order
denying
his
Fed.
R.
Civ.
P.
60(b)
motion
for
reconsideration of the district court’s order denying relief on
his 28 U.S.C. § 2255 (2012) motion.
unless
a
circuit
appealability.
justice
or
The order is not appealable
judge
issues
a
certificate
28 U.S.C. § 2253(c)(1)(B) (2012).
of
A certificate
of appealability will not issue absent “a substantial showing of
the denial of a constitutional right.”
(2012).
28 U.S.C. § 2253(c)(2)
When the district court denies relief on the merits, a
prisoner
satisfies
this
jurists
would
reasonable
standard
find
by
that
demonstrating
the
district
that
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).
denies
relief
demonstrate
on
both
procedural
that
the
When the district court
grounds,
dispositive
the
prisoner
procedural
must
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
Bruton has not made the requisite showing.
a
certificate
dispense
with
of
appealability
oral
argument
and
dismiss
because
2
Accordingly, we deny
the
the
appeal.
facts
and
We
legal
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contentions
are
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adequately
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presented
in
the
materials
before
this court and argument would not aid the decisional process.
DISMISSED
3
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