US v. Timothy Murphy, No. 13-7848 (4th Cir. 2014)
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-7848 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. TIMOTHY LAFON MURPHY, a/k/a TJ, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Louise W. Flanagan, District Judge. (5:04-cr-00241-FL-1; 5:12-cv-00287-FL) Submitted: January 23, 2014 Decided: January 28, 2014 Before WILKINSON and DIAZ, Circuit Judges, and HAMILTON, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Timothy Lafon Murphy, Appellant Pro Se. Jason Harris Cowley, Edward D. Gray, Jennifer P. May-Parker, Rudolf A. Renfer, Jr., Assistant United States Attorneys, Seth Morgan Wood, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Timothy court s order Lafon Murphy accepting the seeks to appeal recommendation of the the district magistrate judge and dismissing as successive his 28 U.S.C. § 2255 (2012) motion, and denying his motion to reopen final judgment filed pursuant to Federal Rule of Civil Procedure 60(b)(6). The order is not appealable unless a circuit justice or judge issues a certificate of appealability. A certificate of 28 U.S.C. § 2253(c)(1)(B) (2012). appealability will not issue absent a substantial showing of the denial of a constitutional right. 28 U.S.C. § 2253(c)(2) (2012). relief on the demonstrating district merits, that court s debatable or a When the district court denies prisoner reasonable assessment wrong. Slack satisfies jurists this would of the v. McDaniel, standard find U.S. that the claims constitutional 529 by is 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 claim of the denial of a constitutional right. a debatable Slack, 529 U.S. at 484-85. We have independently reviewed the record and conclude that Murphy has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the appeal. 2 We dispense with contentions are oral argument adequately because presented in the the facts and legal materials before this court and argument would not aid the decisional process. DISMISSED 3
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