United States v. Donnie Sheffield ( 2013 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 12-7844
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
DONNIE WAYNE SHEFFIELD,
Defendant - Appellant.
Appeal from the United States District Court for the District of
South Carolina, at Florence. Terry L. Wooten, District Judge.
(4:07-cr-00769-TLW-1; 4:11-cv-03247-TLW)
Submitted: January 16, 2013 Decided: March 22, 2013
Before DUNCAN, DAVIS, and KEENAN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Donnie Wayne Sheffield, Appellant Pro Se. Carrie Fisher
Sherard, Assistant United States Attorney, Greenville, South
Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Donnie Wayne Sheffield seeks to appeal the district
court’s order denying relief on his 28 U.S.C.A. § 2255 (West
Supp. 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) (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)
(2006). 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 Sheffield has not made the requisite showing. Accordingly,
we deny the motion for the production of a transcript at the
government’s expense, deny the motion to expand the record and
for judicial notice, deny a certificate of appealability, and
dismiss the appeal. We dispense with oral argument because the
2
facts and legal contentions are adequately presented in the
materials before this court and argument would not aid the
decisional process.
DISMISSED
3