Filed: Feb. 25, 2014
Latest Update: Mar. 02, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-7531 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. OWEN ODDMAN, a/k/a Star, Defendant - Appellant. Appeal from the United States District Court for the Western District of North Carolina, at Shelby. Martin K. Reidinger, District Judge. (4:96-cr-00053-MR-1; 1:13-cv-00128-MR) Submitted: February 20, 2014 Decided: February 25, 2014 Before DUNCAN, DIAZ, and FLOYD, Circuit Judges. Dismissed by unpublished per curiam opinion
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-7531 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. OWEN ODDMAN, a/k/a Star, Defendant - Appellant. Appeal from the United States District Court for the Western District of North Carolina, at Shelby. Martin K. Reidinger, District Judge. (4:96-cr-00053-MR-1; 1:13-cv-00128-MR) Submitted: February 20, 2014 Decided: February 25, 2014 Before DUNCAN, DIAZ, and FLOYD, Circuit Judges. Dismissed by unpublished per curiam opinion...
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-7531
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
OWEN ODDMAN, a/k/a Star,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of North Carolina, at Shelby. Martin K. Reidinger,
District Judge. (4:96-cr-00053-MR-1; 1:13-cv-00128-MR)
Submitted: February 20, 2014 Decided: February 25, 2014
Before DUNCAN, DIAZ, and FLOYD, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Owen Oddman, Appellant Pro Se. Richard Lee Edwards, Amy
Elizabeth Ray, Assistant United States Attorneys, Jill
Westmoreland Rose, OFFICE OF THE UNITED STATES ATTORNEY,
Asheville, North Carolina; Adam Christopher Morris, OFFICE OF
THE UNITED STATES ATTORNEY, Charlotte, North Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Owen Oddman seeks to appeal the district court’s order
dismissing as successive his 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 Oddman 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
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