US v. Tradon Drayton
UNPUBLISHED PER CURIAM OPINION filed. A certificate of appealability is denied. Originating case number: 1:04-cr-00009-JPJ-1, 1:16-cv-80929-JPJ-RSB. Copies to all parties and the district court/agency . Mailed to: Tradon Marquez Drayton. [17-6640]
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UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
TRADON MARQUEZ DRAYTON,
Defendant - Appellant.
Appeal from the United States District Court for the Western District of Virginia, at
Abingdon. James P. Jones, District Judge. (1:04-cr-00009-JPJ-1; 1:16-cv-80929-JPJRSB)
Submitted: September 28, 2017
Decided: October 3, 2017
Before WILKINSON, MOTZ, and KING, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Tradon Marquez Drayton, Appellant Pro Se. Anthony Paul Giorno, Ashley Brooke
Neese, OFFICE OF THE UNITED STATES ATTORNEY, Roanoke, Virginia, for
Unpublished opinions are not binding precedent in this circuit.
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Tradon Marquez Drayton seeks to appeal the district court’s orders construing
Drayton’s postjudgment motion to dismiss one count of the charging indictment as a
successive 28 U.S.C. § 2255 (2012) motion and dismissing it on that basis, and denying
Drayton’s Fed. R. Civ. P. 59(e) motion to alter or amend judgment. The orders are 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 Drayton 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.
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