United States v. Michael Davis , 697 F. App'x 141 ( 2017 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 17-6563
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
MICHAEL FREDDIE DAVIS,
Defendant - Appellant.
Appeal from the United States District Court for the Middle District of North Carolina, at
Greensboro. Thomas D. Schroeder, District Judge. (1:07-cr-00320-TDS-1;
1:12-cv-00341-WO-JEP)
Submitted: August 24, 2017 Decided: August 29, 2017
Before GREGORY, Chief Judge, and SHEDD and DIAZ, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Michael Freddie Davis, Appellant Pro Se. Robert Michael Hamilton, Michael Francis
Joseph, Angela Hewlett Miller, Assistant United States Attorneys, Greensboro, North
Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Michael Freddie Davis seeks to appeal the district court’s order accepting the
recommendation of the magistrate judge and dismissing as untimely 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 Davis 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
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