Filed: May 04, 2015
Latest Update: Mar. 02, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-6022 UNITED STATES OF AMERICA, Plaintiff – Appellee, v. JIMMY ALONZO WRIGHT, a/k/a Jimmy Alfonzo Wright, Defendant - Appellant. Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Robert J. Conrad, Jr., District Judge. (3:06-cr-00006-RJC-1; 3:12-cv-00460-RJC) Submitted: April 28, 2015 Decided: May 4, 2015 Before WILKINSON, MOTZ, and FLOYD, Circuit Judges. Dismissed by unpub
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-6022 UNITED STATES OF AMERICA, Plaintiff – Appellee, v. JIMMY ALONZO WRIGHT, a/k/a Jimmy Alfonzo Wright, Defendant - Appellant. Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Robert J. Conrad, Jr., District Judge. (3:06-cr-00006-RJC-1; 3:12-cv-00460-RJC) Submitted: April 28, 2015 Decided: May 4, 2015 Before WILKINSON, MOTZ, and FLOYD, Circuit Judges. Dismissed by unpubl..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-6022
UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
JIMMY ALONZO WRIGHT, a/k/a Jimmy Alfonzo Wright,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte. Robert J. Conrad,
Jr., District Judge. (3:06-cr-00006-RJC-1; 3:12-cv-00460-RJC)
Submitted: April 28, 2015 Decided: May 4, 2015
Before WILKINSON, MOTZ, and FLOYD, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Jimmy Alonzo Wright, Appellant Pro Se. Steven R. Kaufman,
Assistant United States Attorney, Charlotte, North Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Jimmy Alonzo Wright seeks to appeal the district court’s
order denying relief on his 28 U.S.C. § 2255 (2012) motions. *
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
Wright has not made the requisite showing. Accordingly, we deny
a certificate of appealability and dismiss the appeal. We
*
The court correctly construed the nunc pro tunc motion,
the motion to alter or amend, and the motion for summary
judgment as successive and unauthorized § 2255 motions.
2
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
3