Filed: Jan. 23, 2018
Latest Update: Mar. 03, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 17-7170 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. RONNIE GERALD BELT, Defendant - Appellant. Appeal from the United States District Court for the Northern District of West Virginia, at Elkins. John Preston Bailey, District Judge. (2:13-cr-00030-JPB-JES-1; 2:17-cv- 00084-JPB-JES) Submitted: January 18, 2018 Decided: January 23, 2018 Before GREGORY, Chief Judge, and SHEDD and HARRIS, Circuit Judges. Dismissed by unpubli
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 17-7170 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. RONNIE GERALD BELT, Defendant - Appellant. Appeal from the United States District Court for the Northern District of West Virginia, at Elkins. John Preston Bailey, District Judge. (2:13-cr-00030-JPB-JES-1; 2:17-cv- 00084-JPB-JES) Submitted: January 18, 2018 Decided: January 23, 2018 Before GREGORY, Chief Judge, and SHEDD and HARRIS, Circuit Judges. Dismissed by unpublis..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 17-7170
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
RONNIE GERALD BELT,
Defendant - Appellant.
Appeal from the United States District Court for the Northern District of West Virginia,
at Elkins. John Preston Bailey, District Judge. (2:13-cr-00030-JPB-JES-1; 2:17-cv-
00084-JPB-JES)
Submitted: January 18, 2018 Decided: January 23, 2018
Before GREGORY, Chief Judge, and SHEDD and HARRIS, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Ronnie Gerald Belt, Appellant Pro Se. Stephen Donald Warner, Assistant United States
Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Elkins, West Virginia, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Ronnie Gerald Belt seeks to appeal the district court’s order dismissing his 28
U.S.C. § 2255 (2012) motion as successive and unauthorized. 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 Belt 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