US v. Anthony Wainwright, Jr.

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 4:10-cr-00016-RBS-TEM-1,4:16-cv-00113-RBS Copies to all parties and the district court/agency. [999977860]. Mailed to: A Wainwright Jr.. [16-7396]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 16-7396

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
ANTHONY LEE WAINWRIGHT, JR., a/k/a Youngin,
Defendant - Appellant.

Appeal from the United States District Court for the Eastern
District of Virginia, at Newport News.
Rebecca Beach Smith,
Chief District Judge.
(4:10-cr-00016-RBS-TEM-1; 4:16-cv-00113RBS)

Submitted:

November 17, 2016

Decided:

November 30, 2016

Before NIEMEYER, WYNN, and DIAZ, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Anthony Lee Wainwright, Jr., Appellant Pro Se. Lisa Rae McKeel,
Brian James Samuels, Howard Jacob Zlotnick, Assistant United
States Attorneys, Newport News, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Anthony Lee Wainwright, Jr., seeks to appeal the district
court’s order denying as successive his 28 U.S.C. § 2255 (2012)
motion.
judge

The order is not appealable unless a circuit justice or

issues

a

certificate

§ 2253(c)(1)(B) (2012).
issue

absent

“a

prisoner

the

See

28

U.S.C.

A certificate of appealability will not
showing

of

the

denial

of

a

28 U.S.C. § 2253(c)(2) (2012).

district

court

satisfies

this

jurists

would

reasonable

appealability.

substantial

constitutional right.”
When

of

denies

relief

standard
find

by

that

on

the

merits,

demonstrating

the

district

a

that

court’s

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).
denies

relief

demonstrate

on

both

procedural

that

the

When the district court

grounds,

dispositive

the

prisoner

procedural

must

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
Wainwright has not made the requisite showing.

Accordingly, we

deny a certificate of appealability and dismiss the appeal.
dispense

with

oral

argument

because

2

the

facts

and

We

legal

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contentions

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are

adequately

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presented

in

the

materials

before

this court and argument would not aid the decisional process.

DISMISSED

3