US v. Ronald Sadm
Filing
UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion certificate of appealability (Local Rule 22(a)) [999956819-2]. Originating case number: 5:08-cr-00021-MFU-RSB-1,5:15-cv-80849-MFU-RSB. Copies to all parties and the district court/agency. [1000026707]. Mailed to: Ronald Sadm. [16-7312]
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 16-7312
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
RONALD JUNIOR SADM, a/k/a Ronald Junior Bossadm,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of Virginia, at Harrisonburg.
Michael F. Urbanski,
District Judge.
(5:08-cr-00021-MFU-RSB-1; 5:15-cv-80849-MFURSB)
Submitted:
February 16, 2017
Before GREGORY, Chief Judge,
HAMILTON, Senior Circuit Judge.
Decided:
DUNCAN,
February 21, 2017
Circuit
Judge,
and
Dismissed by unpublished per curiam opinion.
Ronald Junior Sadm, Appellant Pro Se.
Jean Barrett Hudson,
Assistant United States Attorney, Charlottesville, Virginia, Jeb
Thomas Terrien, Assistant United States Attorney, Harrisonburg,
Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
Ronald Junior Sadm seeks to appeal the district court’s
order dismissing as untimely 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
Sadm has not made the requisite showing.
Accordingly, we deny
Sadm’s motion for a certificate of appealability and dismiss the
appeal.
legal
We dispense with oral argument because the facts and
contentions
are
adequately
2
presented
in
the
materials
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this
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court
and
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argument
would
not
aid
the
decisional
process.
DISMISSED
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