US v. Norman Willi
Filing
UNPUBLISHED PER CURIAM OPINION filed. Originating case numbers: 1:98-cr-00015-TSE-1, 1:16-cv-00815-TSE. Copies to all parties and the district court. [1000044057]. Mailed to: Appellant. [16-7613]
Appeal: 16-7613
Doc: 15
Filed: 03/17/2017
Pg: 1 of 2
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 16-7613
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
NORMAN RAY WILLIS, a/k/a Pizza Man,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria.
T.S. Ellis, III, Senior
District Judge. (1:98-cr-00015-TSE-1; 1:16-cv-00815-TSE)
Submitted:
March 14, 2017
Decided:
March 17, 2017
Before FLOYD and HARRIS, Circuit Judges, and DAVIS, Senior Circuit
Judge.
Dismissed by unpublished per curiam opinion.
Nicholas John Xenakis, OFFICE OF THE FEDERAL PUBLIC DEFENDER,
Alexandria, Virginia, for Appellant.
Michael Edward Rich,
Assistant United States Attorney, Alexandria, Virginia, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
Appeal: 16-7613
Doc: 15
Filed: 03/17/2017
Pg: 2 of 2
PER CURIAM:
Norman Ray Willis seeks to appeal the district court’s order
denying relief on his 28 U.S.C. § 2255 (2012) motion.
The order
is 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.”
§ 2253(c)(2) (2012).
28 U.S.C.
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
Willis 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
2
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