United States v. Haynes , 353 F. App'x 844 ( 2009 )


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  •                               UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 09-7606
    UNITED STATES OF AMERICA,
    Plaintiff - Appellee,
    v.
    WILLIS MARK HAYNES,
    Defendant - Appellant.
    Appeal from the United States District Court for the District of
    Maryland, at Greenbelt.     Peter J. Messitte, Senior District
    Judge. (8:98-cr-00520-PJM-1; 8:02-cv-03850-PJM)
    Submitted:    November 19, 2009             Decided:   December 4, 2009
    Before MOTZ, GREGORY, and SHEDD, Circuit Judges.
    Dismissed by unpublished per curiam opinion.
    Willis Mark Haynes, Appellant Pro Se.  Deborah A. Johnston,
    Assistant United States Attorney, Greenbelt, Maryland, for
    Appellee.
    Unpublished opinions are not binding precedent in this circuit.
    PER CURIAM:
    Willis      Mark    Haynes        seeks     to      appeal      the    district
    court’s order denying his Fed. R. Civ. P. 60(b) motion seeking
    reconsideration of his the order denying his 
    28 U.S.C.A. § 2255
    (West Supp. 2009) motion.                The order is not appealable unless a
    circuit justice or judge issues a certificate of appealability.
    
    28 U.S.C. § 2253
    (c)(1) (2006); Reid v. Angelone, 
    369 F.3d 363
    ,
    369 (4th Cir. 2004).               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).          A
    prisoner       satisfies          this        standard       by      demonstrating             that
    reasonable       jurists      would       find      that     any     assessment           of     the
    constitutional        claims      by     the    district        court     is   debatable          or
    wrong and that any dispositive procedural ruling by the district
    court is likewise debatable.                    Miller-El v. Cockrell, 
    537 U.S. 322
    , 336-38 (2003); Slack v. McDaniel, 
    529 U.S. 473
    , 484 (2000);
    Rose v. Lee, 
    252 F.3d 676
    , 683-84 (4th Cir. 2001).                                        We have
    independently reviewed the record and conclude Haynes has not
    made the requisite showing.                   Accordingly, we deny a certificate
    of appealability and dismiss the appeal.
    Additionally, we construe Haynes’ notice of appeal and
    informal brief as an application to file a second or successive
    motion under 
    28 U.S.C.A. § 2255
    .                      United States v. Winestock,
    
    340 F.3d 200
    ,     208    (4th      Cir.       2003).         In    order       to    obtain
    2
    authorization to file a successive § 2255 motion, a prisoner
    must     assert      claims      based   on    either:        (1) newly       discovered
    evidence,      not     previously     discoverable      by    due     diligence,    that
    would     be    sufficient       to   establish    by     clear       and     convincing
    evidence       that,    but   for     constitutional         error,    no     reasonable
    factfinder would have found the movant guilty of the offense; or
    (2) a new rule of constitutional law, previously unavailable,
    made retroactive by the Supreme Court to cases on collateral
    review.        
    28 U.S.C.A. § 2255
    (h)     (West    Supp.       2009).      Haynes’
    claims do not satisfy either of these criteria.                         Therefore, we
    deny authorization to file a successive § 2255 motion.
    We dispense with oral argument because the facts and
    legal    contentions       are    adequately     presented       in    the     materials
    before    the     court   and     argument     would    not    aid    the     decisional
    process.
    DISMISSED
    3
    

Document Info

Docket Number: 09-7606

Citation Numbers: 353 F. App'x 844

Filed Date: 12/4/2009

Precedential Status: Non-Precedential

Modified Date: 10/30/2014