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Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 19-6992 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. RUSSHEL MORRISON, Defendant - Appellant.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
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 19-6992 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. RUSSHEL MORRISON, Defendant - Appellant.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 unpubli..
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UNPUBLISHED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Dismissed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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
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