Public-domain · open source
OpenJurist

514 F. App'x 290

United States v. Jerrell Casey

U.S. Courts of Appeals

Decided March 14, 2013

This page is marked noindex.

U.S. Courts of Appeals · decided 2013-03-14

Applies 28 U.S.C. § 2253 (Antiterrorism and Effective Death Penalty Act of 1996) · 28 U.S.C. § 2255 (Antiterrorism and Effective Death Penalty Act of 1996)

Relies on Slack v. McDaniel · Miller-El v. Cockrell Director Texas Department of Criminal Justice Institutional Division · United States v. Winestock

Decided 2013-03-14

¶1 Dismissed by unpublished PER CURIAM opinion.

¶2 Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

¶3 Jerrell S. Casey seeks to appeal the district court’s orders dismissing his 28 U.S.C.A. § 2255 (West Supp.2012) motion as successive and denying reconsideration. The orders are not appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1)(B) (2006). 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) (2006). 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, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000); see Miller-El v. Cockrell, 537 U.S. 322, 336-38, 123 S.Ct. 1029, 154 L.Ed.2d 931 (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, 120 S.Ct. 1595.

¶4 We have independently reviewed the record and conclude that Casey has not made the requisite showing. Cf. United States v. Winestock, 340 F.3d 200 (4th Cir.2003). Accordingly, we deny his motion for a certificate of appealability and dismiss the appeal. We dispense with oral *291 argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.

¶5 DISMISSED.

/514/fappx/290 · .json · Public domain