Filed: Jun. 20, 2012
Latest Update: Mar. 26, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 12-6602 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. JAMIE LEE GROOMS, Defendant - Appellant. Appeal from the United States District Court for the District of South Carolina, at Florence. R. Bryan Harwell, District Judge. (4:07-cr-01038-RBH-1; 4:11-cv-02814-RBH) Submitted: June 14, 2012 Decided: June 20, 2012 Before WILKINSON, NIEMEYER, and KEENAN, Circuit Judges. Dismissed by unpublished per curiam opinion. Jamie Lee Gr
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 12-6602 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. JAMIE LEE GROOMS, Defendant - Appellant. Appeal from the United States District Court for the District of South Carolina, at Florence. R. Bryan Harwell, District Judge. (4:07-cr-01038-RBH-1; 4:11-cv-02814-RBH) Submitted: June 14, 2012 Decided: June 20, 2012 Before WILKINSON, NIEMEYER, and KEENAN, Circuit Judges. Dismissed by unpublished per curiam opinion. Jamie Lee Gro..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 12-6602
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JAMIE LEE GROOMS,
Defendant - Appellant.
Appeal from the United States District Court for the District of
South Carolina, at Florence. R. Bryan Harwell, District Judge.
(4:07-cr-01038-RBH-1; 4:11-cv-02814-RBH)
Submitted: June 14, 2012 Decided: June 20, 2012
Before WILKINSON, NIEMEYER, and KEENAN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Jamie Lee Grooms, Appellant Pro Se. Robert Frank Daley, Jr.,
Assistant United States Attorney, Columbia, South Carolina,
Carrie Fisher Sherard, Assistant United States Attorney,
Greenville, South Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Jamie Lee Grooms seeks to appeal the district court’s
orders dismissing as untimely his 28 U.S.C.A. § 2255 (West Supp.
2011) motion and denying his subsequent motion to reconsider.
The orders are not appealable unless a circuit justice or judge
issues a certificate of appealability. 28 U.S.C.
§ 2253(c)(1)(B) (2006). 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) (2006). 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 Grooms 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 the
court and argument would not aid the decisional process.
DISMISSED
3