UNPUBLISHED PER CURIAM OPINION filed denying certificate of appealability. Originating case number: 4:08-cr-00025-RBS-FBS-1,4:16-cv-00086-RBS Copies to all parties and the district court. . Mailed to: Jahmal Gray. [16-7523]
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UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
JAHMAL R. GRAY,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Newport News.
Rebecca Beach Smith,
Chief District Judge.
March 14, 2017
Before FLOYD and
March 17, 2017
Dismissed by unpublished per curiam opinion.
Nicholas John Xenakis, OFFICE OF THE FEDERAL PUBLIC DEFENDER,
Alexandria, Virginia, for Appellant.
Kaitlin Courtney Gratton,
Assistant United States Attorney, Newport News, Virginia, for
Unpublished opinions are not binding precedent in this circuit.
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Jahmal R. Gray seeks to appeal the district court’s order
dismissing as untimely his 28 U.S.C. § 2255 (2012) motion.
order is not appealable unless a circuit justice or judge issues
A certificate of appealability will not issue absent “a
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
Gray has not made the requisite showing.
Accordingly, we deny a
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this court and argument would not aid the decisional process.
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