US v. Delton Raynor
UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to remand case [1000109241-2]. Originating case numbers: 2:11-cr-00159-RAJ-DEM-1, 2:16-cv-00400-RGD. Copies to all parties and the district court. . Mailed to: Appellant. [17-6738]
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UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
DELTON LAMONT RAYNOR,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern District of Virginia, at
Norfolk. Raymond A. Jackson, District Judge. (2:11-cr-00159-RAJ-DEM-1; 2:16-cv00400-RGD)
Submitted: October 17, 2017
Decided: October 19, 2017
Before FLOYD and HARRIS, Circuit Judges, and HAMILTON, Senior Circuit Judge.
Dismissed by unpublished per curiam opinion.
Delton Lamont Raynor, Appellant Pro Se. Andrew Lamont Creighton, OFFICE OF THE
UNITED STATES ATTORNEY, Newport News, Virginia, Stephen Westley Haynie,
Assistant United States Attorney, Norfolk, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
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Delton Lamont Raynor 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 Raynor has not
made the requisite showing. Accordingly, we deny a certificate of appealability and
dismiss the appeal.
We deny Raynor’s motion to remand and 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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