Filed: Mar. 31, 2014
Latest Update: Mar. 02, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-7634 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. RODERICK LAMAR WILLIAMS, a/k/a Rox, Defendant - Appellant. Appeal from the United States District Court for the Western District of North Carolina, at Statesville. Richard L. Voorhees, District Judge. (5:03-cr-00004-RLV-DSC-8; 5:13-cv- 00108-RLV) Submitted: March 27, 2014 Decided: March 31, 2014 Before MOTZ, Circuit Judge, and HAMILTON and DAVIS, Senior Circuit Judges.
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-7634 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. RODERICK LAMAR WILLIAMS, a/k/a Rox, Defendant - Appellant. Appeal from the United States District Court for the Western District of North Carolina, at Statesville. Richard L. Voorhees, District Judge. (5:03-cr-00004-RLV-DSC-8; 5:13-cv- 00108-RLV) Submitted: March 27, 2014 Decided: March 31, 2014 Before MOTZ, Circuit Judge, and HAMILTON and DAVIS, Senior Circuit Judges. ..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-7634
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
RODERICK LAMAR WILLIAMS, a/k/a Rox,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of North Carolina, at Statesville. Richard L.
Voorhees, District Judge. (5:03-cr-00004-RLV-DSC-8; 5:13-cv-
00108-RLV)
Submitted: March 27, 2014 Decided: March 31, 2014
Before MOTZ, Circuit Judge, and HAMILTON and DAVIS, Senior
Circuit Judges.
Dismissed by unpublished per curiam opinion.
Roderick Lamar Williams, Appellant Pro Se. Amy Elizabeth Ray,
Assistant United States Attorney, Jill Westmoreland Rose, OFFICE
OF THE UNITED STATES ATTORNEY, Asheville, North Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Roderick Lamar Williams seeks to appeal the district
court’s orders dismissing his 28 U.S.C. § 2255 (2012) motion as
successive and denying his Fed. R. Civ. P. 52(b) motion to amend
or make additional findings. 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 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 v. McDaniel,
529 U.S. 473, 484-85 (2000).
We have independently reviewed the record and conclude
that Williams has not made the requisite showing. Accordingly,
we deny Williams’ motion requesting permission to file and to
take judicial notice, 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
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