US v. Damon Elliott
UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 8:97-cr-00053-PJM-1,8:16-cv-03419-PJM Copies to all parties and the district court/agency. . Mailed to: Damon Elliott. [16-7544]
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UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
DAMON EMANUEL ELLIOTT,
Defendant - Appellant.
Appeal from the United States District Court for the District of
Maryland, at Greenbelt.
Peter J. Messitte, Senior District
Judge. (8:97-cr-00053-PJM-1; 8:16-cv-03419-PJM)
January 31, 2017
February 3, 2017
Before WILKINSON, KEENAN, and THACKER, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Damon Emanuel Elliott, Appellant Pro Se. Lindsay Eyler Kaplan,
Assistant United States Attorney, Greenbelt, Maryland, for
Unpublished opinions are not binding precedent in this circuit.
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Damon Emanuel Elliott seeks to appeal the district court’s
successive and unauthorized.
The order is not appealable unless
28 U.S.C. § 2253(c)(1)(B) (2012).
of appealability will not issue absent “a substantial showing of
the denial of a constitutional right.”
28 U.S.C. § 2253(c)(2)
When the district court denies relief on the merits, a
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).
When the district court
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
Elliott has not made the requisite showing.
deny a certificate of appealability and dismiss the appeal.
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this court and argument would not aid the decisional process.
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