US v. Michael McDowell
UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion certificate of appealability (Local Rule 22(a)) [1000046059-2] Originating case number: 5:15-cr-00033-F-1,5:16-cv-00364-F. Copies to all parties and the district court. . Mailed to: Michael McDowell. [16-7543]
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UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
MICHAEL JERMAINE MCDOWELL,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh.
James C. Fox, Senior
District Judge. (5:15-cr-00033-F-1; 5:16-cv-00364-F)
March 30, 2017
April 4, 2017
Before TRAXLER and WYNN, Circuit Judges, and HAMILTON, Senior
Dismissed by unpublished per curiam opinion.
Michael Jermaine McDowell, Appellant Pro Se.
Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
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§ 2253(c)(1)(B) (2012).
A certificate of appealability will not
The order is not appealable unless a circuit justice or
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
McDowell has not made the requisite showing.
deny his motion for a certificate of appealability and dismiss
We dispense with oral argument because the facts
and legal contentions are adequately presented in the materials
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