United States v. Jimmy Nance

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 18-6236
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JIMMY LAWRENCE NANCE,
Defendant - Appellant.
Appeal from the United States District Court for the Western District of Virginia, at
Roanoke. James P. Jones, District Judge. (7:92-cr-00135-JPJ-RSB-1; 7:16-cv-81264-
JPJ-RSB)
Submitted: July 26, 2018 Decided: July 30, 2018
Before GREGORY, Chief Judge, FLOYD, Circuit Judge, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Jimmy Lawrence Nance, Appellant Pro Se. Jean Barrett Hudson, Assistant United States
Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Charlottesville, Virginia,
for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Jimmy Lawrence Nance seeks to appeal the district court’s order construing his
postjudgment motions as successive and unauthorized 28 U.S.C. § 2255 (2012) motions
and dismissing them 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 Nance has not
made the requisite showing. Accordingly, we deny a certificate of appealability, deny
Nance’s motion for appointment of counsel, and dismiss the appeal. We dispense with
oral argument because the facts and legal contentions are adequately presented in the
materials before this court and argument would not aid the decisional process.
DISMISSED
2