US v. Shawn Smith
UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 1:15-cr-00041-CCE-1,1:16-cv-00652-CCE-LPA Copies to all parties and the district court/agency. .. [16-7429]
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UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
SHAWN DAVON SMITH,
Defendant - Appellant.
Appeal from the United States District Court for the Middle
District of North Carolina, at Greensboro. Catherine C. Eagles,
District Judge. (1:15-cr-00041-CCE-1; 1:16-cv-00652-CCE-LPA)
January 17, 2017
January 20, 2017
Before NIEMEYER, TRAXLER, and KING, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Shawn Davon Smith, Appellant Pro Se.
Angela Hewlett Miller,
Assistant United States Attorney, Greensboro, North Carolina,
Unpublished opinions are not binding precedent in this circuit.
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order and judgment adopting the magistrate judge’s report and
recommendation and denying relief on his 28 U.S.C. § 2255 (2012)
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
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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