US v. Rayshawn Donaldson
UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 1:15-cr-00381-TDS-1,1:17-cv-00366-TDS-LPA Copies to all parties and the district court/agency. . Mailed to: Rayshawn Donaldson. [17-6808]
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UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
Defendant - Appellant.
Appeal from the United States District Court for the Middle District of North Carolina, at
Greensboro. Thomas D. Schroeder, Chief District Judge. (1:15-cr-00381-TDS-1; 1:17cv-00366-TDS-LPA)
Submitted: October 19, 2017
Decided: November 7, 2017
Before GREGORY, Chief Judge, and WILKINSON and KEENAN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Rayshawn Donaldson, Appellant Pro Se. JoAnna Gibson McFadden, Angela Hewlett
Miller, Assistant United States Attorneys, Greensboro, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
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Rayshawn Donaldson seeks to appeal the district court’s order accepting the
recommendation of the magistrate judge and 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
We have independently reviewed the record and conclude that Donaldson 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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