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United States v. Michael Walcott, 16-6735 (2016)

Court: Court of Appeals for the Fourth Circuit Number: 16-6735 Visitors: 11
Filed: Oct. 21, 2016
Latest Update: Mar. 03, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-6735 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. MICHAEL ANTHONY WALCOTT, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. James C. Dever III, Chief District Judge. (5:12-cr-00289-D-1; 5:15-cv-00058-D) Submitted: October 18, 2016 Decided: October 21, 2016 Before MOTZ, SHEDD, and WYNN, Circuit Judges. Dismissed by unpublished per curiam opinion
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                            UNPUBLISHED

                  UNITED STATES COURT OF APPEALS
                      FOR THE FOURTH CIRCUIT


                            No. 16-6735


UNITED STATES OF AMERICA,

                Plaintiff - Appellee,

          v.

MICHAEL ANTHONY WALCOTT,

                Defendant - Appellant.



Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh. James C. Dever III, Chief
District Judge. (5:12-cr-00289-D-1; 5:15-cv-00058-D)


Submitted:   October 18, 2016             Decided:   October 21, 2016


Before MOTZ, SHEDD, and WYNN, Circuit Judges.


Dismissed by unpublished per curiam opinion.


Patrick Michael Megaro, APPEALS LAW GROUP, Orlando, Florida, for
Appellant. Yolanda Dee McCray Jones, OFFICE OF THE UNITED STATES
ATTORNEY, Fort Bragg, North Carolina; 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Unpublished opinions are not binding precedent in this circuit.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:

     Michael Anthony Walcott 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

Walcott 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

Source:  CourtListener

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