Damon Elliott v. Eric Wilson , 656 F. App'x 21 ( 2016 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 16-6619
DAMON EMANUEL ELLIOTT,
Petitioner - Appellant,
v.
ERIC D. WILSON,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. Liam O’Grady, District
Judge. (1:16-cv-00205-LO-TCB)
Submitted: August 25, 2016 Decided: August 30, 2016
Before NIEMEYER, DIAZ, and FLOYD, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Damon Emanuel Elliott, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Damon Emanuel Elliott seeks to appeal the district court’s
order construing his 28 U.S.C. § 2241 (2012) petition as a
successive and unauthorized 28 U.S.C. § 2255 (2012) motion, and
dismissing it on that basis. The order is not appealable unless
a circuit justice or judge issues a certificate of
appealability. 28 U.S.C. § 2253(c)(1)(B) (2012). 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)
(2012). 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
Elliott has not made the requisite showing. Accordingly, we
deny a certificate of appealability, deny leave to proceed in
forma pauperis, and dismiss the appeal. We dispense with oral
argument because the facts and legal contentions are adequately
2
presented in the materials before this court and argument would
not aid the decisional process.
DISMISSED
3