United States v. Michael Puzey , 589 F. App'x 90 ( 2014 )


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  •                             UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 14-7170
    UNITED STATES OF AMERICA,
    Plaintiff - Appellee,
    v.
    MICHAEL PAUL PUZEY, a/k/a Big Pete,
    Defendant - Appellant.
    Appeal from the United States District Court for the Northern
    District of West Virginia, at Martinsburg.      Gina M. Groh,
    District Judge.   (3:00-cr-00057-GMG-JES-16; 3:04-cv-00063-JPB-
    JES)
    Submitted:   December 18, 2014            Decided:   December 23, 2014
    Before SHEDD, WYNN, and THACKER, Circuit Judges.
    Dismissed by unpublished per curiam opinion.
    Michael Paul Puzey, Appellant Pro Se.  Paul Thomas Camilletti,
    Assistant United States Attorney, Martinsburg, West Virginia,
    for Appellee.
    Unpublished opinions are not binding precedent in this circuit.
    PER CURIAM:
    Michael       Paul     Puzey     seeks      to    appeal        the   district
    court’s order denying his motion to amend 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 Puzey 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
    2
    contentions   are   adequately   presented   in   the   materials   before
    this court and argument would not aid the decisional process.
    DISMISSED
    3
    

Document Info

Docket Number: 14-7170

Citation Numbers: 589 F. App'x 90

Judges: Shedd, Wynn, Thacker

Filed Date: 12/23/2014

Precedential Status: Non-Precedential

Modified Date: 11/6/2024