US v. Garnett Smith
UNPUBLISHED PER CURIAM OPINION filed. Certificate of appealability denied. Originating case number: 1:12-cr-00479-JKB-1. Copies to all parties and the district court. . Mailed to: Garnett Gilbert Smith. [16-7349]
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UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff – Appellee,
GARNETT GILBERT SMITH, a/k/a Abdule Jones,
Defendant - Appellant.
Appeal from the United States District Court for the District of
Maryland, at Baltimore.
James K. Bredar, District Judge.
February 23, 2017
February 28, 2017
Before SHEDD and DIAZ, Circuit Judges, and DAVIS, Senior Circuit
Dismissed by unpublished per curiam opinion.
Garnett Gilbert Smith, Appellant Pro Se. David I. Sharfstein,
James G. Warwick, OFFICE OF THE UNITED STATES ATTORNEY,
Baltimore, Maryland, for Appellee.
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Unpublished opinions are not binding precedent in this circuit.
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Garnett Gilbert Smith seeks to appeal the district court’s
order denying his motion for leave to file an addendum to his
motion to supplement his petition for reconsideration of the
denial of his 28 U.S.C. § 2255 (2012) motion.
The order is not
certificate of appealability.
28 U.S.C. § 2253(c)(1)(B) (2012).
substantial showing of the denial of a constitutional right.”
28 U.S.C. § 2253(c)(2) (2012).
When the district court denies
(2000); see Miller-El v. Cockrell, 537 U.S. 322, 336-38 (2003).
When the district court denies relief on procedural grounds, the
prisoner must demonstrate both that the dispositive procedural
claim of the denial of a constitutional right.
Slack, 529 U.S.
We have independently reviewed the record and conclude that
Smith 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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