US v. Tyaan Joye

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--granting Motion to supplement [1000132445-2]. Originating case number: 7:14-cr-00042-FL-1,7:17-cv-00072-FL. Copies to all parties and the district court/agency. [1000141337]. Mailed to: Tyaan Joye. [17-6795]

Appeal: 17-6795

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Filed: 08/22/2017

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 17-6795

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
TYAAN LAMOND JOYE,
Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of North Carolina, at
Wilmington. Louise W. Flanagan, District Judge. (7:14-cr-00042-FL-1; 7:17-cv-00072FL)

Submitted: August 17, 2017

Decided: August 22, 2017

Before KEENAN, THACKER, and HARRIS, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Tyaan Lamond Joye, Appellant Pro Se. Stephen Aubrey West, Seth Morgan Wood,
Assistant United States Attorneys, Raleigh, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 17-6795

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Filed: 08/22/2017

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PER CURIAM:
Tyaan Lamond Joye seeks to appeal the district court’s order dismissing as
untimely 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 MillerEl 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 Joye has not made
the requisite showing. Accordingly, although we grant Joye’s motion to supplement his
informal brief, 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

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