US v. Tyrone McNeil, No. 13-7068 (4th Cir. 2013)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-7068 UNITED STATES OF AMERICA, Plaintiff Appellee, v. TYRONE MCNEIL, Defendant - Appellant. Appeal from the United States District Court for the Middle District of North Carolina, at Greensboro. Thomas D. Schroeder, District Judge. (1:08-cr-00305-TDS-1; 1:11-cv-00409-TDS-JLW) Submitted: November 21, 2013 Decided: November 25, 2013 Before KING, DUNCAN, and DIAZ, Circuit Judges. Dismissed by unpublished per curiam opinion. Tyrone McNeil, Appellant Pro Se. Robert Michael Hamilton, Angela Hewlett Miller, Assistant United States Attorneys, Greensboro, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Tyrone McNeil seeks to appeal the district court s order accepting the recommendation of the magistrate judge and denying relief motion. on McNeil his also 28 U.S.C.A. seeks to § 2255 appeal (West the magistrate denial of the motion to amend his § 2255 motion. not appealable unless a circuit certificate of appealability. A certificate of justice Supp. or 2013) judge s The orders are 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 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 McNeil 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