US v. John Rowe
Filing
UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--updating certificate of appealability status Originating case number: 3:03-cr-00051-RLV-1,3:16-cv-00518-RLV Copies to all parties and the district court/agency. [1000156256]. Mailed to: John Anthony Rowe. [17-6309]
Appeal: 17-6309
Doc: 7
Filed: 09/15/2017
Pg: 1 of 2
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 17-6309
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JOHN ANTHONY ROWE,
Defendant - Appellant.
Appeal from the United States District Court for the Western District of North Carolina,
at Charlotte.
Richard L. Voorhees, District Judge.
(3:03-cr-00051-RLV-1;
3:16-cv-00518-RLV)
Submitted: September 7, 2017
Decided: September 15, 2017
Before WILKINSON, AGEE, and FLOYD, Circuit Judges.
Dismissed by unpublished per curiam opinion.
John Anthony Rowe, Appellant Pro Se. Elizabeth Freeman Greene, Assistant United
States Attorney, Charlotte, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
Appeal: 17-6309
Doc: 7
Filed: 09/15/2017
Pg: 2 of 2
PER CURIAM:
John Anthony Rowe 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.” 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 Rowe 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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