US v. Ronnie Belt

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 2:13-cr-00030-JPB-RWT-1,2:15-cv-00087-JPB-RWT Copies to all parties and the district court/agency. [1000055411]. Mailed to: R Belt. [16-7546]

Appeal: 16-7546

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Filed: 04/04/2017

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 16-7546

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
RONNIE GERALD BELT,
Defendant - Appellant.

Appeal from the United States District Court for the Northern District of West Virginia,
at Elkins. John Preston Bailey, District Judge. (2:13-cr-00030-JPB-RWT-1; 2:15-cv00087-JPB-RWT)

Submitted: March 30, 2017

Decided: April 4, 2017

Before TRAXLER and WYNN, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Ronnie Gerald Belt, Appellant Pro Se. Stephen Donald Warner, Assistant United States
Attorney, Elkins, West Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 16-7546

Doc: 5

Filed: 04/04/2017

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PER CURIAM:
Ronnie Gerald Belt seeks to appeal the district court’s order accepting the
recommendation of the magistrate judge and denying relief on Belt’s 28 U.S.C. § 2255
(2012) motion and the district court’s order denying his Fed. R. Civ. P. 59(e) motion to
alter or amend the judgment. The orders are not appealable unless a circuit justice or
judge issues a certificate of appealability.

28 U.S.C. § 2253(c)(1)(B) (2012).

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
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 (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
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 Belt has not made
the requisite showing. Accordingly, we deny a certificate of appealability and dismiss
the appeal. We dispense with oral argument because the facts and legal contentions are
adequately presented in the materials before this court and argument would not aid the
decisional process.
DISMISSED

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