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United States v. Jeffrey Prysock, 16-7153 (2017)

Court: Court of Appeals for the Fourth Circuit Number: 16-7153 Visitors: 38
Filed: Apr. 27, 2017
Latest Update: Mar. 03, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-7153 UNITED STATES OF AMERICA, Plaintiff – Appellee, v. JEFFREY GRANT PRYSOCK, Defendant - Appellant. Appeal from the United States District Court for the District of South Carolina, at Spartanburg. Henry M. Herlong, Jr., Senior District Judge. (7:11-cr-00171-HMH-1; 7:16-cv-02251-HMH) Submitted: March 24, 2017 Decided: April 27, 2017 Before GREGORY, Chief Judge, and DUNCAN and WYNN, Circuit Judges. Dismissed by unpublished
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                                    UNPUBLISHED

                       UNITED STATES COURT OF APPEALS
                           FOR THE FOURTH CIRCUIT


                                      No. 16-7153


UNITED STATES OF AMERICA,

                    Plaintiff – Appellee,

             v.

JEFFREY GRANT PRYSOCK,

                    Defendant - Appellant.



Appeal from the United States District Court for the District of South Carolina, at
Spartanburg. Henry M. Herlong, Jr., Senior District Judge. (7:11-cr-00171-HMH-1;
7:16-cv-02251-HMH)


Submitted: March 24, 2017                                         Decided: April 27, 2017


Before GREGORY, Chief Judge, and DUNCAN and WYNN, Circuit Judges.


Dismissed by unpublished per curiam opinion.


Benjamin T. Stepp, Assistant Federal Public Defender, Greenville, South Carolina, for
Appellant. Leesa Washington, Assistant United States Attorney, Greenville, South
Carolina, for Appellee.


Unpublished opinions are not binding precedent in this circuit.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

       Jeffrey Grant Prysock seeks to appeal the district court’s orders denying relief on

his 28 U.S.C. § 2255 (2012) motion and denying his motion for reconsideration. The

orders are 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 Prysock 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

contentions are adequately presented in the materials before this court and argument

would not aid the decisional process.

                                                                               DISMISSED




                                             2

Source:  CourtListener

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