US v. Rocci Wade
UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 5:13-cr-00030-JPB-RWT-5,5:15-cv-00080-JPB-RWT Copies to all parties and the district court/agency. . Mailed to: Rocci Wade. [16-7598]
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UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff – Appellee,
Defendant - Appellant.
Appeal from the United States District Court for the Northern
District of West Virginia, at Wheeling.
John Preston Bailey,
March 14, 2017
Before FLOYD and
March 17, 2017
Dismissed by unpublished per curiam opinion.
Rocci Wade, Appellant Pro Se. Randolph John Bernard, OFFICE OF
THE UNITED STATES ATTORNEY, Wheeling, West Virginia, for
Unpublished opinions are not binding precedent in this circuit.
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adopting the magistrate judge’s report and recommendation and
denying relief on his 28 U.S.C. § 2255 (2012) motion.
is not appealable unless a circuit justice or judge issues a
certificate of appealability.
28 U.S.C. § 2253(c)(1)(B) (2012).
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
Wade 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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