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United States v. Russhel Morrison, 19-6992 (2019)

Court: Court of Appeals for the Fourth Circuit Number: 19-6992 Visitors: 2
Filed: Nov. 25, 2019
Latest Update: Mar. 03, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 19-6992 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. RUSSHEL MORRISON, Defendant - Appellant. Appeal from the United States District Court for the District of South Carolina, at Florence. R. Bryan Harwell, Chief District Judge. (4:14-cr-00085-RBH-12; 4:19-cv-00401-RBH) Submitted: November 14, 2019 Decided: November 25, 2019 Before NIEMEYER and HARRIS, Circuit Judges, and TRAXLER, Senior Circuit Judge. Dismissed by unpubl
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                                     UNPUBLISHED

                        UNITED STATES COURT OF APPEALS
                            FOR THE FOURTH CIRCUIT


                                       No. 19-6992


UNITED STATES OF AMERICA,

                     Plaintiff - Appellee,

              v.

RUSSHEL MORRISON,

                     Defendant - Appellant.



Appeal from the United States District Court for the District of South Carolina, at Florence.
R. Bryan Harwell, Chief District Judge. (4:14-cr-00085-RBH-12; 4:19-cv-00401-RBH)


Submitted: November 14, 2019                                 Decided: November 25, 2019


Before NIEMEYER and HARRIS, Circuit Judges, and TRAXLER, Senior Circuit Judge.


Dismissed by unpublished per curiam opinion.


Russhel Morrison, Appellant Pro Se.


Unpublished opinions are not binding precedent in this circuit.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

       Russhel Morrison seeks to appeal the district court’s order dismissing as untimely

her 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 Morrison has not

made the requisite showing. Accordingly, we deny Morrison’s motion for 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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