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United States v. Nishon Quinte Rainner, 18-6155 (2018)

Court: Court of Appeals for the Fourth Circuit Number: 18-6155 Visitors: 5
Filed: Jul. 10, 2018
Latest Update: Mar. 03, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 18-6155 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. NISHON QUINTE RAINNER, Defendant - Appellant. Appeal from the United States District Court for the District of Maryland, at Baltimore. Catherine C. Blake, District Judge. (1:15-cr-00269-CCB-1; 1:17-cv-00636-CCB) Submitted: June 26, 2018 Decided: July 10, 2018 Before WILKINSON and DIAZ, Circuit Judges, and SHEDD, Senior Circuit Judge. Dismissed by unpublished per curiam
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                                    UNPUBLISHED

                       UNITED STATES COURT OF APPEALS
                           FOR THE FOURTH CIRCUIT


                                      No. 18-6155


UNITED STATES OF AMERICA,

                    Plaintiff - Appellee,

             v.

NISHON QUINTE RAINNER,

                    Defendant - Appellant.



Appeal from the United States District Court for the District of Maryland, at Baltimore.
Catherine C. Blake, District Judge. (1:15-cr-00269-CCB-1; 1:17-cv-00636-CCB)


Submitted: June 26, 2018                                          Decided: July 10, 2018


Before WILKINSON and DIAZ, Circuit Judges, and SHEDD, Senior Circuit Judge.


Dismissed by unpublished per curiam opinion.


Nishon Quinte Rainner, Appellant Pro Se.


Unpublished opinions are not binding precedent in this circuit.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

       Nishon Quinte Rainner 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 Rainner 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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