Filed: Jul. 23, 2020
Latest Update: Sep. 22, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 20-6089 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. IZELL DELOREAN GRISSETT, JR., a/k/a Buddy, Defendant - Appellant. Appeal from the United States District Court for the District of South Carolina, at Columbia. Joseph F. Anderson, Jr., Senior District Judge. (3:13-cr-00134-JFA-2; 3:16- cv-02587-JFA) Submitted: July 21, 2020 Decided: July 23, 2020 Before AGEE, DIAZ, and HARRIS, Circuit Judges. Dismissed by unpublished p
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 20-6089 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. IZELL DELOREAN GRISSETT, JR., a/k/a Buddy, Defendant - Appellant. Appeal from the United States District Court for the District of South Carolina, at Columbia. Joseph F. Anderson, Jr., Senior District Judge. (3:13-cr-00134-JFA-2; 3:16- cv-02587-JFA) Submitted: July 21, 2020 Decided: July 23, 2020 Before AGEE, DIAZ, and HARRIS, Circuit Judges. Dismissed by unpublished pe..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 20-6089
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
IZELL DELOREAN GRISSETT, JR., a/k/a Buddy,
Defendant - Appellant.
Appeal from the United States District Court for the District of South Carolina, at
Columbia. Joseph F. Anderson, Jr., Senior District Judge. (3:13-cr-00134-JFA-2; 3:16-
cv-02587-JFA)
Submitted: July 21, 2020 Decided: July 23, 2020
Before AGEE, DIAZ, and HARRIS, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Izell Delorean Grissett, Jr., Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Izell Delorean Grissett, Jr., seeks to appeal the district court’s orders denying relief
on his 28 U.S.C. § 2255 (2018) motion and motion to reconsider. The orders are not
appealable unless a circuit justice or judge issues a certificate of appealability. See 28
U.S.C. § 2253(c)(1)(B) (2018). 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) (2018).
When the district court denies relief on the merits, a prisoner satisfies this standard by
demonstrating that reasonable jurists could find the district court’s assessment of the
constitutional claims debatable or wrong. See Buck v. Davis,
137 S. Ct. 759, 773-74 (2017).
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. Gonzalez v. Thaler,
565 U.S. 134,
140-41 (2012) (citing Slack v. McDaniel,
529 U.S. 473, 484 (2000)).
We have independently reviewed the record and conclude that Grissett has not made
the requisite showing. Accordingly, we deny his motions for a certificate of appealability
and to amend, and we 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