US v. Quindelle Ru, No. 11-6060 (4th Cir. 2011)
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 11-6060 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. QUINDELLE JAY RUSS, Defendant - Appellant. Appeal from the United States District Court for the District of South Carolina, at Charleston. David C. Norton, Chief District Judge. (2:06-cr-01290-DCN-1; 2:10-cv-70239-DCN) Submitted: March 15, 2011 Before MOTZ and Circuit Judge. WYNN, Circuit Decided: Judges, and March 21, 2011 HAMILTON, Senior Dismissed by unpublished per curiam opinion. Quindelle Jay Russ, Appellant Pro Se. Sean Kittrell, Assistant United States Attorney, Charleston, South Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Quindelle court s order Jay Russ seeks as untimely dismissing (West Supp. 2010) motion. to appeal his 28 the district U.S.C.A. § 2255 The order is not appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1) (2006). 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) (2006). 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. By failing to challenge the Slack, district court s dispositive procedural ruling in his informal brief on appeal, showing. we conclude that Russ has not made the requisite 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 2 materials before the court and argument would not aid the decisional process. DISMISSED 3
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