US v. James Walton, No. 13-6616 (4th Cir. 2013)
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-6616 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. JAMES EARL WALTON, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. James C. Fox, Senior District Judge. (2:07-cr-00017-F-1; 2:11-cv-00069-F) Submitted: September 24, 2013 Decided: October 3, 2013 Before AGEE, KEENAN, and THACKER, Circuit Judges. Dismissed by unpublished per curiam opinion. James Earl Walton, Appellant Pro Se. Eric David Goulian, OFFICE OF THE UNITED STATES ATTORNEY, Jennifer P. May-Parker, Assistant United States Attorney, Raleigh, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: James Earl Walton seeks to appeal the district court s order denying relief on his 28 U.S.C. § 2255 (West Supp. 2013) motion. judge The order is not appealable unless a circuit justice or issues a certificate § 2253(c)(1)(B) (2006). issue absent a of 28 U.S.C. A certificate of appealability will not substantial constitutional right. appealability. 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. Slack, 529 U.S. at 484-85. We have independently reviewed the record and conclude that Walton has not made the requisite showing. while we informal grant brief, Walton s motion we a dismiss the appeal. deny for leave certificate of to Accordingly, supplement his appealability and We dispense with oral argument because the 2 facts and materials legal before contentions are adequately this and argument Court presented would not in the aid the decisional process. DISMISSED 3
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