United States v. Marco Cherry, Jr. , 589 F. App'x 117 ( 2014 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 14-7154
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
MARCO ANTRIONE CHERRY, JR., a/k/a Marco Antrione Cherry,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk. Robert G. Doumar, Senior
District Judge. (2:11-cr-00071-RGD-FBS-1; 2:14-cv-00283-RGD)
Submitted: December 18, 2014 Decided: December 23, 2014
Before SHEDD, WYNN, and THACKER, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Marco Antrione Cherry, Jr., Appellant Pro Se. Sherrie Scott
Capotosto, Assistant United States Attorney, Norfolk, Virginia,
for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Marco Antrione Cherry, Jr., seeks to appeal the
district court’s orders denying relief on his 28 U.S.C. § 2255(2012) motion, and denying his Fed. R. Civ. P. 59(e) motion.
The orders are 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 Cherry 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
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contentions are adequately presented in the materials before
this court and argument would not aid the decisional process.
DISMISSED
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