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United States v. Steven Stanley, 15-6831 (2015)

Court: Court of Appeals for the Fourth Circuit Number: 15-6831 Visitors: 19
Filed: Dec. 23, 2015
Latest Update: Mar. 02, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-6831 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. STEVEN LAMONTE STANLEY, a/k/a Azar, a/k/a Doc, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. Henry Coke Morgan, Jr., Senior District Judge. (3:00-cr-00344-HCM-1; 3:14-cv-00396-HCM) Submitted: November 24, 2015 Decided: December 23, 2015 Before KING and SHEDD, Circuit Judges, and HAMILTON, Senior C
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                             UNPUBLISHED

                  UNITED STATES COURT OF APPEALS
                      FOR THE FOURTH CIRCUIT


                             No. 15-6831


UNITED STATES OF AMERICA,

                Plaintiff - Appellee,

          v.

STEVEN LAMONTE STANLEY, a/k/a Azar, a/k/a Doc,

                Defendant - Appellant.



Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond.     Henry Coke Morgan, Jr.,
Senior District Judge. (3:00-cr-00344-HCM-1; 3:14-cv-00396-HCM)


Submitted:   November 24, 2015             Decided:   December 23, 2015


Before KING and    SHEDD,   Circuit   Judges,   and   HAMILTON,   Senior
Circuit Judge.


Dismissed by unpublished per curiam opinion.


Steven Lamonte Stanley, Appellant Pro Se. David Thomas Maguire,
Assistant United States Attorney, Richmond, Virginia, for
Appellee.


Unpublished opinions are not binding precedent in this circuit.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

       Steven Lamonte Stanley seeks to appeal the district court’s

order dismissing as untimely 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

Stanley has not made the requisite showing.                          Accordingly, we

deny his motion for a certificate of appealability and dismiss

the appeal.        We dispense with oral argument because the facts

and legal contentions are adequately presented in the materials



                                           2
before   this   court   and   argument   would   not   aid   the   decisional

process.

                                                                    DISMISSED




                                     3

Source:  CourtListener

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