United States v. Tyrone Campbell , 548 F. App'x 931 ( 2013 )


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  •                             UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 13-7292
    UNITED STATES OF AMERICA,
    Plaintiff – Appellee,
    v.
    TYRONE ROBERT CAMPBELL, a/k/a Mr. Muhammad, a/k/a Muhammad
    Shahid, a/k/a Tyrone Moore,
    Defendant - Appellant.
    Appeal from the United States District Court for the District of
    Maryland, at Baltimore.   William M. Nickerson, Senior District
    Judge. (1:10-cr-00218-WMN-1; 1:13-cv-00471-WMN)
    Submitted:   December 19, 2013            Decided:   December 23, 2013
    Before SHEDD, DAVIS, and FLOYD, Circuit Judges.
    Dismissed by unpublished per curiam opinion.
    Tyrone Robert Campbell, Appellant Pro Se. Sujit Raman, Assistant
    United States Attorney, Greenbelt, Maryland, for Appellee.
    Unpublished opinions are not binding precedent in this circuit.
    PER CURIAM:
    Tyrone Robert Campbell seeks to appeal the district
    court’s    order    dismissing        as    untimely      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 Campbell 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: 06-1062

Citation Numbers: 548 F. App'x 931

Filed Date: 12/23/2013

Precedential Status: Non-Precedential

Modified Date: 4/18/2021