US v. Eugene Talik, Jr., No. 10-7402 (4th Cir. 2011)
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-7402 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. EUGENE J. TALIK, JR., Defendant - Appellant. Appeal from the United States District Court for the Northern District of West Virginia, at Wheeling. Frederick P. Stamp, Jr., Senior District Judge. (5:06-cr-00051-FPS-JFS-1; 5:09-cv00047-FPS-JFS) Submitted: April 21, 2011 Decided: April 26, 2011 Before WILKINSON, GREGORY, and DUNCAN, Circuit Judges. Dismissed by unpublished per curiam opinion. Eugene J. Talik, Jr., Appellant Pro Se. Robert Hugh McWilliams, Jr., John Castle Parr, Assistant United States Attorneys, Wheeling, West Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Eugene J. Talik, Jr., seeks to appeal the district court s order accepting the recommendation of the magistrate judge and denying relief on his 28 U.S.C.A. § 2255 (West Supp. 2010) motion. justice or The order is not appealable unless a circuit judge issues a U.S.C. § 2253(c)(1) (2006). not issue absent a constitutional right. certificate of appealability. 28 A certificate of appealability will substantial showing of the denial 28 U.S.C. § 2253(c)(2) (2006). of a 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 Cockrell, (2000); (2003). see Miller-El v. 537 U.S. 322, 336-38 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. 529 U.S. at 484-85. and conclude that Slack, We have independently reviewed the record Talik 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 2 before the court and argument would not aid the decisional process. DISMISSED 3
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