Filed: Mar. 02, 2016
Latest Update: Mar. 02, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-6457 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. ARTHUR TRACY VICK, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. W. Earl Britt, Senior District Judge. (5:11-cr-00352-BR-1; 5:14-cv-00359-BR) Submitted: February 25, 2016 Decided: March 2, 2016 Before GREGORY, AGEE, and HARRIS, Circuit Judges. Dismissed by unpublished per curiam opinion. Arth
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-6457 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. ARTHUR TRACY VICK, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. W. Earl Britt, Senior District Judge. (5:11-cr-00352-BR-1; 5:14-cv-00359-BR) Submitted: February 25, 2016 Decided: March 2, 2016 Before GREGORY, AGEE, and HARRIS, Circuit Judges. Dismissed by unpublished per curiam opinion. Arthu..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-6457
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
ARTHUR TRACY VICK,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh. W. Earl Britt, Senior
District Judge. (5:11-cr-00352-BR-1; 5:14-cv-00359-BR)
Submitted: February 25, 2016 Decided: March 2, 2016
Before GREGORY, AGEE, and HARRIS, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Arthur Tracy Vick, Appellant Pro Se. Jennifer P. May-Parker,
Assistant United States Attorney, Raleigh, North Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Arthur Tracy Vick 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
Vick 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