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United States v. Jeffery Jermaine Dunlap, 18-6263 (2018)

Court: Court of Appeals for the Fourth Circuit Number: 18-6263 Visitors: 48
Filed: Jul. 20, 2018
Latest Update: Mar. 03, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 18-6263 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. JEFFERY JERMAINE DUNLAP, a/k/a JD, Defendant - Appellant. Appeal from the United States District Court for the District of South Carolina, at Florence. R. Bryan Harwell, District Judge. (4:09-cr-00854-RBH-1; 4:11-cv-70082-RBH) Submitted: July 9, 2018 Decided: July 20, 2018 Before WILKINSON, KEENAN, and THACKER, Circuit Judges. Dismissed by unpublished per curiam opinio
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                                     UNPUBLISHED

                        UNITED STATES COURT OF APPEALS
                            FOR THE FOURTH CIRCUIT


                                       No. 18-6263


UNITED STATES OF AMERICA,

                     Plaintiff - Appellee,

              v.

JEFFERY JERMAINE DUNLAP, a/k/a JD,

                     Defendant - Appellant.



Appeal from the United States District Court for the District of South Carolina, at Florence.
R. Bryan Harwell, District Judge. (4:09-cr-00854-RBH-1; 4:11-cv-70082-RBH)


Submitted: July 9, 2018                                             Decided: July 20, 2018


Before WILKINSON, KEENAN, and THACKER, Circuit Judges.


Dismissed by unpublished per curiam opinion.


Jeffery Jermaine Dunlap, Appellant Pro Se.


Unpublished opinions are not binding precedent in this circuit.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

       Jeffery Jermaine Dunlap seeks to appeal the district court’s order denying his Fed.

R. Civ. P. 60(b)(6) motion for relief from 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. See 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 Dunlap 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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