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United States v. Donald Boston, 14-7553 (2015)

Court: Court of Appeals for the Fourth Circuit Number: 14-7553 Visitors: 28
Filed: Mar. 04, 2015
Latest Update: Mar. 02, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 14-7553 UNITED STATES OF AMERICA, Plaintiff – Appellee, v. DONALD RAY BOSTON, a/k/a D Ray, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of North Carolina, at Wilmington. Terrence W. Boyle, District Judge. (7:11-cr-00097-BO-1; 7:14-cv-00088-BO) Submitted: February 27, 2015 Decided: March 4, 2015 Before NIEMEYER, KING, and AGEE, Circuit Judges. Dismissed by unpublished per curiam o
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                            UNPUBLISHED

                  UNITED STATES COURT OF APPEALS
                      FOR THE FOURTH CIRCUIT


                            No. 14-7553


UNITED STATES OF AMERICA,

                Plaintiff – Appellee,

          v.

DONALD RAY BOSTON, a/k/a D Ray,

                Defendant - Appellant.



Appeal from the United States District Court for the Eastern
District of North Carolina, at Wilmington.   Terrence W. Boyle,
District Judge. (7:11-cr-00097-BO-1; 7:14-cv-00088-BO)


Submitted:   February 27, 2015            Decided:   March 4, 2015


Before NIEMEYER, KING, and AGEE, Circuit Judges.


Dismissed by unpublished per curiam opinion.


Donald Ray Boston, Appellant Pro Se.   Timothy Severo, Seth
Morgan Wood, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh,
North Carolina, for Appellee.


Unpublished opinions are not binding precedent in this circuit.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

      Donald     Ray     Boston    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

Boston 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




                                             2
contentions   are   adequately   presented   in   the   materials   before

this court and argument would not aid the decisional process.



                                                               DISMISSED




                                   3

Source:  CourtListener

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