US v. Tyrone Campbell, No. 13-7292 (4th Cir. 2013)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-7292 UNITED STATES OF AMERICA, Plaintiff Appellee, v. TYRONE ROBERT CAMPBELL, a/k/a Mr. Muhammad, a/k/a Muhammad Shahid, a/k/a Tyrone Moore, Defendant - Appellant. Appeal from the United States District Court for the District of Maryland, at Baltimore. William M. Nickerson, Senior District Judge. (1:10-cr-00218-WMN-1; 1:13-cv-00471-WMN) Submitted: December 19, 2013 Decided: December 23, 2013 Before SHEDD, DAVIS, and FLOYD, Circuit Judges. Dismissed by unpublished per curiam opinion. Tyrone Robert Campbell, Appellant Pro Se. Sujit Raman, Assistant United States Attorney, Greenbelt, Maryland, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Tyrone Robert Campbell seeks to appeal the district court s order dismissing (West Supp. 2013) motion. as untimely his 28 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)(B) (2006). A certificate of appealability will not issue absent a substantial showing of the denial of a constitutional right. (2006). 28 U.S.C. § 2253(c)(2) When the district court denies relief on the merits, a prisoner satisfies this jurists would reasonable standard find by that demonstrating the district that court s assessment of the constitutional claims is debatable or wrong. Slack v. McDaniel, 529 U.S. 473, 484 (2000); see Miller-El v. Cockrell, 537 U.S. 322, 336-38 (2003). denies relief demonstrate on both procedural that the When the district court grounds, dispositive the prisoner procedural must 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 Campbell has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the appeal. We dispense with oral argument 2 because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process. DISMISSED 3