US v. Joseph Beilharz, No. 12-7254 (4th Cir. 2012)
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 12-7254 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. JOSEPH R. BEILHARZ, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Leonie M. Brinkema, District Judge. (1:09-cr-00105-LMB-1; 1:11-cv-01222-LMB) Submitted: November 13, 2012 Decided: November 15, 2012 Before NIEMEYER, GREGORY, and DIAZ, Circuit Judges. Dismissed by unpublished per curiam opinion. Joseph R. Beilharz, Appellant Pro Se. Timothy D. Belevetz, Assistant United States Attorney, Kealin M. Culbreath, Vikram Jagadish, OFFICE OF THE UNITED STATES ATTORNEY, Alexandria, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Joseph R. Beilharz seeks to appeal the district court s order denying relief on his 28 U.S.C.A. § 2255 (West Supp. 2012) motion. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1)(B) (2006). A certificate of appealability will not issue absent a substantial showing of the denial of a constitutional right. (2006). When the district court denies relief on the merits, a prisoner satisfies this reasonable jurists would assessment of constitutional wrong. 28 U.S.C. § 2253(c)(2) the standard find by that demonstrating the claims district is that court s debatable or Slack v. McDaniel, 529 U.S. 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 484-85. We have independently reviewed the record and conclude that Beilharz 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 before the court and argument would not aid the decisional process. DISMISSED 3
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