US v. Silas Junior Mobley


UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 3:09-cr-00189-RJC-DCK-2,3:13-cv-00458-RJC Copies to all parties and the district court/agency. [1000021369]. Mailed to: Mobley. [16-7293]

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Appeal: 16-7293 Doc: 5 Filed: 02/10/2017 Pg: 1 of 3 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-7293 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. SILAS JUNIOR MOBLEY, Defendant - Appellant. Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Robert J. Conrad, Jr., District Judge. (3:09-cr-00189-RJC-DCK-2; 3:13-cv-00458RJC) Submitted: January 31, 2017 Decided: February 10, 2017 Before NIEMEYER and AGEE, Circuit Judges, and HAMILTON, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Silas Junior Mobley, Appellant Pro Se. Steven R. Kaufman, Assistant United States Attorney, Charlotte, North Carolina, Amy Elizabeth Ray, Assistant United States Attorney, Asheville, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. Appeal: 16-7293 Doc: 5 Filed: 02/10/2017 Pg: 2 of 3 PER CURIAM: Silas Junior Mobley 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 § 2253(c)(1)(B) (2012). issue absent “a of appealability. U.S.C. A certificate of appealability will not substantial constitutional right.” 28 showing of the denial 28 U.S.C. § 2253(c)(2) (2012). of a 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 Cockrell, (2000); (2003). see Miller-El v. 537 U.S. 322, 336-38 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 Mobley has not made the requisite showing. a certificate We dispense with of appealability oral argument 2 and because Accordingly, we deny dismiss the the facts appeal. and legal Appeal: 16-7293 Doc: 5 contentions Filed: 02/10/2017 are adequately Pg: 3 of 3 presented in the materials before this court and argument would not aid the decisional process. DISMISSED 3

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