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UNPUBLISHED PER CURIAM OPINION filed.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. . Mailed to: Mobley. [16-7293]
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UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
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.
January 31, 2017
February 10, 2017
Before NIEMEYER and AGEE, Circuit Judges, and HAMILTON, Senior
Dismissed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.
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Silas Junior Mobley seeks to appeal the district court’s
The order is not appealable unless a circuit justice or judge
§ 2253(c)(1)(B) (2012).
A certificate of appealability will not
28 U.S.C. § 2253(c)(2) (2012).
district court denies relief on the merits, a prisoner satisfies
find that the district court’s assessment of the constitutional
claims is debatable or wrong.
Slack v. McDaniel, 529 U.S. 473,
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.
529 U.S. at 484-85.
We have independently reviewed the record and conclude that
Mobley has not made the requisite showing.
Accordingly, we deny
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this court and argument would not aid the decisional process.
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