US v. James Bailey, Jr.
UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 1:11-cr-00010-MR-DLH-1,1:14-cv-00310-MR. Copies to all parties and the district court/agency. . Mailed to: James W. Bailey Jr.; William A. Brafford; Jonathan Henry Ferry;. [16-7359]
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UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
JAMES W. BAILEY, JR., a/k/a James W. “Bill” Bailey, Jr.,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of North Carolina, at Asheville. Martin K. Reidinger,
District Judge. (1:11-cr-00010-MR-DLH-1; 1:14-cv-00310-MR)
February 23, 2017
February 28, 2017
Before SHEDD and DIAZ, Circuit Judges, and DAVIS, Senior Circuit
Dismissed by unpublished per curiam opinion.
James W. Bailey, Jr., Appellant Pro Se.
Jonathan Henry Ferry, OFFICE OF THE UNITED STATES ATTORNEY,
Charlotte, North Carolina, Richard Lee Edwards, Amy Elizabeth
Ray, Assistant United States Attorneys, Paul Bradford Taylor,
Corey F. Ellis, OFFICE OF THE UNITED STATES ATTORNEY, Asheville,
North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
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James W. Bailey, Jr., seeks to appeal the district court’s
reconsideration of the district court’s order denying relief on
his 28 U.S.C. § 2255 (2012) motion.
The order is not appealable
28 U.S.C. § 2253(c)(1)(B) (2012).
of appealability will not issue absent “a substantial showing of
the denial of a constitutional right.”
28 U.S.C. § 2253(c)(2)
When the district court denies relief on the merits, a
assessment of the constitutional claims is debatable or wrong.
Slack v. McDaniel, 529 U.S. 473, 484 (2000); see Miller-El v.
Cockrell, 537 U.S. 322, 336-38 (2003).
When the district court
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
Bailey 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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