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United States v. Terron McAllister, 13-6008 (2013)

Court: Court of Appeals for the Fourth Circuit Number: 13-6008 Visitors: 12
Filed: Jul. 12, 2013
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-6008 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. TERRON MCALLISTER, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of North Carolina, at Wilmington. James C. Dever III, Chief District Judge. (7:06-cr-00044-D-1; 7:11-cv-00116-D) Submitted: June 24, 2013 Decided: July 12, 2013 Before WILKINSON and GREGORY, Circuit Judges, and HAMILTON, Senior Circuit Judge. Dismissed by unp
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                             UNPUBLISHED

                  UNITED STATES COURT OF APPEALS
                      FOR THE FOURTH CIRCUIT


                             No. 13-6008


UNITED STATES OF AMERICA,

                Plaintiff - Appellee,

          v.

TERRON MCALLISTER,

                Defendant - Appellant.



Appeal from the United States District Court for the Eastern
District of North Carolina, at Wilmington. James C. Dever III,
Chief District Judge. (7:06-cr-00044-D-1; 7:11-cv-00116-D)


Submitted:   June 24, 2013                   Decided:   July 12, 2013


Before WILKINSON and    GREGORY,   Circuit   Judges,    and   HAMILTON,
Senior Circuit Judge.


Dismissed by unpublished per curiam opinion.


Terron McAllister, Appellant Pro Se.     Jennifer P. May-Parker,
Ethan A. Ontjes, Rudolf A. Renfer, Jr., Assistant United States
Attorneys, Raleigh, North Carolina, for Appellee.


Unpublished opinions are not binding precedent in this circuit.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

            Terron McAllister seeks to appeal the district court’s

order dismissing his motion filed pursuant to 28 U.S.C.A. § 2255

(West Supp. 2013).         The order is 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     McAllister        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



                                            2
before   this   court   and   argument   would   not   aid   the   decisional

process.

                                                                    DISMISSED




                                     3

Source:  CourtListener

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