US v. Terrance Stewart

Filing

UNPUBLISHED PER CURIAM OPINION filed. A certificate of appealability is denied. Originating case number: 6:14-cr-00400-HMH-4, 6:16-cv-02989-HMH Copies to all parties and the district court/agency [1000016598]. Mailed to: Terrance Edward Stewart. [16-7445]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 16-7445

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
TERRANCE EDWARD STEWART, a/k/a Cheddar,
Defendant - Appellant.

Appeal from the United States District Court for the District of
South Carolina, at Greenville.
Henry M. Herlong, Jr., Senior
District Judge. (6:14-cr-00400-HMH-4; 6:16-cv-02989-HMH)

Submitted:

January 31, 2017

Decided:

February 3, 2017

Before WILKINSON, KEENAN, and THACKER, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Terrance Edward Stewart, Appellant Pro Se.
Elizabeth Jean
Howard, Assistant United States Attorney, Greenville, South
Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Terrance

Edward

Stewart

28

U.S.C.

district

The order is not appealable unless a circuit justice or
certificate

§ 2253(c)(1)(B) (2012).
issue

absent

“a

of

§ 2255

appealability.

28

(2012)

U.S.C.

A certificate of appealability will not

substantial

constitutional right.”

his

the

motion.

a

on

appeal

order

issues

relief

to

court’s

judge

denying

seeks

showing

of

the

denial

28 U.S.C. § 2253(c)(2) (2012).

of

a

When the

district court denies relief on the merits, a prisoner satisfies
this

standard

by

demonstrating

that

reasonable

jurists

would

find that the district court’s assessment of the constitutional
claims is debatable or wrong.

Slack v. McDaniel, 529 U.S. 473,

484

Cockrell,

(2000);

(2003).

see

Miller-El

v.

537

U.S.

322,

336-38

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.

Slack,

529 U.S. at 484-85.
We have independently reviewed the record and conclude that
Stewart 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

are

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adequately

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presented

in

the

materials

before

this court and argument would not aid the decisional process.
DISMISSED

3