Filed: Nov. 26, 2019
Latest Update: Mar. 03, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 19-7336 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. RONALD CHISHOLM, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Robert G. Doumar, Senior District Judge. (2:14-cr-00132-RGD-LRL-1; 2:19- cv-00442-RGD-LRL) Submitted: November 21, 2019 Decided: November 26, 2019 Before KEENAN and DIAZ, Circuit Judges, and SHEDD, Senior Circuit Judge. Dismissed by unp
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 19-7336 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. RONALD CHISHOLM, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Robert G. Doumar, Senior District Judge. (2:14-cr-00132-RGD-LRL-1; 2:19- cv-00442-RGD-LRL) Submitted: November 21, 2019 Decided: November 26, 2019 Before KEENAN and DIAZ, Circuit Judges, and SHEDD, Senior Circuit Judge. Dismissed by unpu..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 19-7336
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
RONALD CHISHOLM,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern District of Virginia, at
Norfolk. Robert G. Doumar, Senior District Judge. (2:14-cr-00132-RGD-LRL-1; 2:19-
cv-00442-RGD-LRL)
Submitted: November 21, 2019 Decided: November 26, 2019
Before KEENAN and DIAZ, Circuit Judges, and SHEDD, Senior Circuit Judge.
Dismissed by unpublished per curiam opinion.
Ronald Chisholm, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Ronald Chisholm seeks to appeal the district court’s order denying Chisholm’s 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 Chisholm 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