United States v. Claude Bellamy , 589 F. App'x 214 ( 2015 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 14-7467
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
CLAUDE WENDELL BELLAMY,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Wilmington. James C. Fox, Senior
District Judge. (7:99-cr-00049-F-1, 7:03-cv-00024-F)
Submitted: January 15, 2015 Decided: January 21, 2015
Before WILKINSON and NIEMEYER, Circuit Judges, and DAVIS, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Claude Wendell Bellamy, Appellant Pro Se. John Samuel Bowler,
OFFICE OF THE UNITED STATES ATTORNEY, Jennifer P. May-Parker,
Assistant United States Attorney, Raleigh, North Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Claude Wendell Bellamy seeks to appeal the district
court’s order construing his motion to dismiss the indictment as
a second or successive 28 U.S.C. § 2255 (2012) motion and
dismissing it for lack of authorization from this court. See 28
U.S.C. § 2244(b)(3)(A) (2012). 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 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 v. McDaniel, 529 U.S. 473, 484-85 (2000).
We have independently reviewed the record and conclude
that Bellamy 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.
DISMISSED
2