US v. Dolly Evan
UNPUBLISHED PER CURIAM OPINION filed. A certificate of appealability is denied. Originating case number: 5:14-cr-00206-F-7, 5:16-cv-00904-F. Copies to all parties and the district court/agency . Mailed to: Dolly Wadsworth Evans. [17-6495]
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UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
DOLLY WADSWORTH EVANS,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern District of North Carolina, at
Raleigh. James C. Fox, Senior District Judge. (5:14-cr-00206-F-7; 5:16-cv-00904-F)
Submitted: August 17, 2017
Decided: August 22, 2017
Before KEENAN, THACKER, and HARRIS, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Dolly Wadsworth Evans, Appellant Pro Se. Donald Russell Pender, Stephen Aubrey
West, Seth Morgan Wood, Assistant United States Attorneys, Raleigh, North Carolina,
Unpublished opinions are not binding precedent in this circuit.
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Dolly Wadsworth Evans seeks to appeal the district court’s order denying relief on
her 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 Evans 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
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