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United States v. Bruce Kilgore, 15-6580 (2015)

Court: Court of Appeals for the Fourth Circuit Number: 15-6580 Visitors: 15
Filed: Sep. 01, 2015
Latest Update: Mar. 02, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-6580 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. BRUCE KILGORE, Defendant - Appellant. Appeal from the United States District Court for the District of Maryland, at Greenbelt. Roger W. Titus, Senior District Judge. (8:06-cr-00066-RWT-11; 8:12-cv-00557-RWT) Submitted: August 27, 2015 Decided: September 1, 2015 Before GREGORY, AGEE, and THACKER, Circuit Judges. Dismissed by unpublished per curiam opinion. Bruce Kilgore
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                               UNPUBLISHED

                   UNITED STATES COURT OF APPEALS
                       FOR THE FOURTH CIRCUIT


                               No. 15-6580


UNITED STATES OF AMERICA,

                 Plaintiff - Appellee,

          v.

BRUCE KILGORE,

                 Defendant - Appellant.



Appeal from the United States District Court for the District of
Maryland, at Greenbelt. Roger W. Titus, Senior District Judge.
(8:06-cr-00066-RWT-11; 8:12-cv-00557-RWT)


Submitted:   August 27, 2015                 Decided:   September 1, 2015


Before GREGORY, AGEE, and THACKER, Circuit Judges.


Dismissed by unpublished per curiam opinion.


Bruce Kilgore, Appellant Pro Se.     Elizabeth Dorsey Collery,
UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., Lindsay
Eyler Kaplan, Barbara Suzanne Skalla, Assistant United States
Attorneys, Greenbelt, Maryland, Richard Charles Kay, Assistant
United States Attorney, Baltimore, Maryland, Jonathan Allen
Ophardt, Special Assistant United States Attorney, Washington,
D.C., for Appellee.


Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:

     Bruce Kilgore seeks to appeal the district court’s order

denying relief on 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

Kilgore 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




                                   3

Source:  CourtListener

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