United States v. Flint Ratliff , 548 F. App'x 97 ( 2013 )


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  •                             UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 13-7010
    UNITED STATES OF AMERICA,
    Plaintiff - Appellee,
    v.
    FLINT DAVIS RATLIFF,
    Defendant - Appellant.
    Appeal from the United States District Court for the District of
    South Carolina, at Florence.    Terry L. Wooten, Chief District
    Judge. (4:08-cr-00372-TLW-3; 4:11-cv-70034-TLW)
    Submitted:   December 17, 2013            Decided: December 19, 2013
    Before KING, GREGORY, and WYNN, Circuit Judges.
    Dismissed by unpublished per curiam opinion.
    Flint Davis Ratliff, Appellant Pro Se.   Alfred William Walker
    Bethea, Jr., Assistant United States Attorney, Florence, South
    Carolina, for Appellee.
    Unpublished opinions are not binding precedent in this circuit.
    PER CURIAM:
    Flint   Davis          Ratliff       seeks    to    appeal     the    district
    court’s orders denying relief on his 28 U.S.C.A. § 2255 (West
    Supp. 2013) motion.                The orders are 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 Ratliff 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: 19-1280

Citation Numbers: 548 F. App'x 97

Judges: King, Gregory, Wynn

Filed Date: 12/19/2013

Precedential Status: Non-Precedential

Modified Date: 11/6/2024