US v. James Saunders, Jr.
UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to appoint/assign counsel [999953948-2]. A certificate of appealability is denied. Originating case number: 4:01-cr-30083-JLK-5, 4:15-cv-80839-JLK-RSB. Copies to all parties and the district court/agency . Mailed to: James J. Saunders, Jr. [16-7314]
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UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
JAMES J. SAUNDERS, JR.,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of Virginia, at Danville.
Jackson L. Kiser, Senior
District Judge. (4:01-cr-30083-JLK-5; 4:15-cv-80839-JLK-RSB)
January 17, 2017
January 20, 2017
Before NIEMEYER, TRAXLER, and KING, Circuit Judges.
Dismissed by unpublished per curiam opinion.
James J. Saunders, Jr., Appellant Pro Se. Jean Barrett Hudson,
Assistant United States Attorney, Charlottesville, Virginia,
Donald Ray Wolthuis, Assistant United States Attorney, Roanoke,
Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
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The order is not appealable unless a circuit justice or
§ 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
Saunders has not made the requisite showing.
deny a certificate of appealability, deny Saunders’ motion for
the appointment of counsel, and dismiss the appeal.
with oral argument because the facts and legal contentions are
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argument would not aid the decisional process.
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