Jeffrey Pleasant v. US
UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 3:16-cv-00542-REP-RCY. Copies to all parties and the district court/agency. . Mailed to: Jeffrey A. Pleasant. [16-7618]
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UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
JEFFREY A. PLEASANT,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond.
Robert E. Payne, Senior
District Judge. (3:16-cv-00542-REP-RCY)
February 23, 2017
February 28, 2017
Before SHEDD and DIAZ, Circuit Judges, and DAVIS, Senior Circuit
Dismissed by unpublished per curiam opinion.
Jeffrey A. Pleasant, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
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Jeffrey A. Pleasant seeks to appeal the district court’s
order construing his 28 U.S.C. § 1651(a) (2012) petition as a
motion under 28 U.S.C. § 2255 (2012) and denying the motion as
U.S.C. § 2253(c)(1)(B) (2012).
A certificate of appealability
will not issue absent “a substantial showing of the denial of a
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
Pleasant 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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