United States v. Mikal Mix , 548 F. App'x 94 ( 2013 )


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  •                              UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 13-6859
    UNITED STATES OF AMERICA,
    Plaintiff - Appellee,
    v.
    MIKAL MUSTAFA MIX, a/k/a      Stash,    a/k/a   Dirty   Boy,   a/k/a
    Mikail Mix, a/k/a Man Man,
    Defendant - Appellant.
    Appeal from the United States District Court for the Eastern
    District of Virginia, at Norfolk.      Arenda L. Wright Allen,
    District Judge. (2:08-cr-00022-AWA-JEB-2 2:11-cv-00566-AWA)
    Submitted:   December 17, 2013             Decided: December 19, 2013
    Before KING, GREGORY, and WYNN, Circuit Judges.
    Dismissed by unpublished per curiam opinion.
    Mikal Mustafa Mix, Appellant Pro Se.   Sherrie Scott Capotosto,
    William David Muhr, Assistant United States Attorneys, Norfolk,
    Virginia, for Appellee.
    Unpublished opinions are not binding precedent in this circuit.
    PER CURIAM:
    Mikal Mustafa Mix 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) (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 Mix 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: 19-4020

Citation Numbers: 548 F. App'x 94

Filed Date: 12/19/2013

Precedential Status: Non-Precedential

Modified Date: 10/30/2014