United States v. Jamie Beall , 548 F. App'x 77 ( 2013 )


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  •                              UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 13-7063
    UNITED STATES OF AMERICA,
    Plaintiff - Appellee,
    v.
    JAMIE LAQUAN BEALL,
    Defendant - Appellant.
    Appeal from the United States District Court for the District of
    South Carolina, at Charleston.    Patrick Michael Duffy, Senior
    District Judge. (2:09-cr-00805-PMD-1; 2:12-cv-03118-PMD)
    Submitted:   December 9, 2013              Decided:   December 18, 2013
    Before MOTZ and    SHEDD,   Circuit   Judges,   and   HAMILTON,   Senior
    Circuit Judge.
    Dismissed by unpublished per curiam opinion.
    Jamie Laquan Beall, Appellant Pro Se.      Matthew J. Modica,
    Assistant United States Attorney, Charleston, South Carolina,
    for Appellee.
    Unpublished opinions are not binding precedent in this circuit.
    PER CURIAM:
    Jamie     Laquan    Beall     seeks     to     appeal       the    district
    court’s         order     denying    relief      on     his    28     U.S.C.A.          § 2255
    (West Supp. 2013) 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)         (2006).        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).
    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 Beall 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: 13-7063

Citation Numbers: 548 F. App'x 77

Judges: Hamilton, Motz, Per Curiam, Shedd

Filed Date: 12/18/2013

Precedential Status: Non-Precedential

Modified Date: 11/6/2024