US v. Nathaniel Rice, No. 11-6457 (4th Cir. 2011)
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 11-6457 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. NATHANIEL DANTE RICE, Defendant - Appellant. Appeal from the United States District Court for the Middle District of North Carolina, at Greensboro. James A. Beaty, Jr., Chief District Judge. (1:02-cr-00153-JAB-1; 1:05-cv-00574-JABPTS) Submitted: June 30, 2011 Decided: July 6, 2011 Before WILKINSON, DUNCAN, and WYNN, Circuit Judges. Dismissed by unpublished per curiam opinion. Nathaniel Dante Rice, Appellant Hamilton, Assistant United States Carolina, for Appellee. Pro Se. Attorney, Robert Michael Greensboro, North Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Nathaniel court s order Dante denying Rice his seeks Fed. R. to appeal Civ. P. the 60(b) district motion for reconsideration of the district court s order denying relief on his 28 U.S.C.A. § 2255 (West Supp. 2010) motion. not appealable unless a circuit certificate of appealability. A certificate of justice or The order is judge issues a 28 U.S.C. § 2253(c)(1)(B) (2006). appealability will not issue absent a substantial showing of the denial of a constitutional right. 28 U.S.C. § 2253(c)(2) (2006). relief on the demonstrating district debatable merits, that court s or a When the district court denies prisoner reasonable assessment wrong. Slack satisfies jurists this would of the v. McDaniel, standard find that U.S. 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 a debatable claim of the denial of a constitutional right. Slack, 529 U.S. at the 484-85. conclude We that have Rice independently has not made reviewed the record requisite and 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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