Filed: May 23, 2016
Latest Update: Mar. 02, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-6293 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. PHILLIP MATTHEW SIERPUTOWSKI, Defendant - Appellant. Appeal from the United States District Court for the District of South Carolina, at Greenville. Mary G. Lewis, District Judge. (6:13-cr-00270-MGL-1; 6:15-cv-01731-MGL) Submitted: May 18, 2016 Decided: May 23, 2016 Before SHEDD, DIAZ, and HARRIS, Circuit Judges. Dismissed by unpublished per curiam opinion. Phillip Mat
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-6293 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. PHILLIP MATTHEW SIERPUTOWSKI, Defendant - Appellant. Appeal from the United States District Court for the District of South Carolina, at Greenville. Mary G. Lewis, District Judge. (6:13-cr-00270-MGL-1; 6:15-cv-01731-MGL) Submitted: May 18, 2016 Decided: May 23, 2016 Before SHEDD, DIAZ, and HARRIS, Circuit Judges. Dismissed by unpublished per curiam opinion. Phillip Matt..
More
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 16-6293
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
PHILLIP MATTHEW SIERPUTOWSKI,
Defendant - Appellant.
Appeal from the United States District Court for the District of
South Carolina, at Greenville. Mary G. Lewis, District Judge.
(6:13-cr-00270-MGL-1; 6:15-cv-01731-MGL)
Submitted: May 18, 2016 Decided: May 23, 2016
Before SHEDD, DIAZ, and HARRIS, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Phillip Matthew Sierputowski, Appellant Pro Se. Elizabeth Jean
Howard, Assistant United States Attorney, Greenville, South
Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Phillip Matthew Sierputowski 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
Sierputowski 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