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United States v. Javair Gladden, 17-6539 (2017)

Court: Court of Appeals for the Fourth Circuit Number: 17-6539 Visitors: 43
Filed: Aug. 29, 2017
Latest Update: Mar. 03, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 17-6539 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. JAVAIR DHONEYELLE GLADDEN, Defendant - Appellant. Appeal from the United States District Court for the Middle District of North Carolina, at Greensboro. Loretta Copeland Biggs, District Judge. (1:15-cr-00249-LCB-1; 1:17-cv- 00118-LCB-JLW) Submitted: August 24, 2017 Decided: August 29, 2017 Before GREGORY, Chief Judge, and SHEDD and DIAZ, Circuit Judges. Dismissed by un
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                                    UNPUBLISHED

                       UNITED STATES COURT OF APPEALS
                           FOR THE FOURTH CIRCUIT


                                      No. 17-6539


UNITED STATES OF AMERICA,

                    Plaintiff - Appellee,

             v.

JAVAIR DHONEYELLE GLADDEN,

                    Defendant - Appellant.



Appeal from the United States District Court for the Middle District of North Carolina, at
Greensboro. Loretta Copeland Biggs, District Judge. (1:15-cr-00249-LCB-1; 1:17-cv-
00118-LCB-JLW)


Submitted: August 24, 2017                                        Decided: August 29, 2017


Before GREGORY, Chief Judge, and SHEDD and DIAZ, Circuit Judges.


Dismissed by unpublished per curiam opinion.


Javair Dhoneyelle Gladden, Appellant Pro Se. Terry Michael Meinecke, Angela Hewlett
Miller, Assistant United States Attorneys, Greensboro, North Carolina, for Appellee.


Unpublished opinions are not binding precedent in this circuit.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

       Javair Dhoneyelle Gladden seeks to appeal the district court’s order accepting the

recommendation of the magistrate judge and 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 Gladden 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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