DocketNumber： 14-6946
Judges： Duncan, Wynn, Davis
Filed Date： 1/7/2015
Status： Non-Precedential
Modified Date： 10/19/2024
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 14-6946 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. CHANEL ELEASE FAISON, a/k/a Chanel Faison Faison, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Newport News. Rebecca Beach Smith, Chief District Judge. (4:12-cr-00004-RBS-TEM-2; 4:13-cv-00093- RBS) Submitted: December 22, 2014 Decided: January 7, 2015 Before DUNCAN and WYNN, Circuit Judges, and DAVIS, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Chanel Elease Faison, Appellant Pro Se. Robert Edward Bradenham, II, Howard Jacob Zlotnick, Assistant United States Attorneys, Andrew Lamont Creighton, OFFICE OF THE UNITED STATES ATTORNEY, Newport News, Virginia; Kelly Kathleen Pearson, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C.; John Curtis Hanley, Kevin Louis Rosenberg, OFFICE OF THE UNITED STATES ATTORNEY, Greenbelt, Maryland, for Appellee. Unpublished opinions are not binding precedent in this circuit. 2 PER CURIAM: Chanel Elease Faison seeks to appeal the district court’s order denying relief on her 28 U.S.C. § 2255 (2012) motion.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) (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 Faison 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 3 contentions are adequately presented in the materials before this court and argument would not aid the decisional process. DISMISSED 4