United States v. Tony Walker , 624 F. App'x 128 ( 2015 )


Menu:
  •                              UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 15-7397
    UNITED STATES OF AMERICA,
    Plaintiff - Appellee,
    v.
    TONY ALFORENZO WALKER,
    Defendant - Appellant.
    Appeal from the United States District Court for the Eastern
    District of Virginia, at Norfolk.      Arenda L. Wright Allen,
    District Judge. (2:93-cr-00084-AWA-1; 2:98-cv-01415-JCC)
    Submitted:   December 15, 2015             Decided:    December 18, 2015
    Before GREGORY    and   FLOYD,   Circuit   Judges,    and   DAVIS,   Senior
    Circuit Judge.
    Dismissed by unpublished per curiam opinion.
    Tony Alforenzo Walker, Appellant Pro Se.   Benjamin L. Hatch,
    Assistant  United  States  Attorney, Norfolk,   Virginia, for
    Appellee.
    Unpublished opinions are not binding precedent in this circuit.
    PER CURIAM:
    Tony Alforenzo Walker seeks to appeal the district court’s
    order     denying       his     Fed.     R.       Civ.    P.      60(b)     motion    for
    reconsideration of the district court’s order denying relief on
    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
    Walker has not made the requisite showing.                       Accordingly, we deny
    a certificate of appealability and dismiss the appeal.                          We deny
    Walker’s      motion    for    reconsideration.            We     dispense   with     oral
    argument because the facts and legal contentions are adequately
    2
    presented in the materials before this court and argument would
    not aid the decisional process.
    DISMISSED
    3
    

Document Info

Docket Number: 15-7397

Citation Numbers: 624 F. App'x 128

Judges: Gregory, Floyd, Davis

Filed Date: 12/18/2015

Precedential Status: Non-Precedential

Modified Date: 11/6/2024