US v. Wendell Betancourt, No. 13-7931 (4th Cir. 2014)
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-7931 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. WENDELL EDWARD BETANCOURT, a/k/a Shawn Nelson, a/k/a Fire, Defendant - Appellant. Appeal from the United States District Court for the Northern District of West Virginia, at Martinsburg. John Preston Bailey, Chief District Judge. (3:01-cr-00025-JPB-JES-5; 3:12-cv-00083JPB-JES) Submitted: April 9, 2014 Decided: April 16, 2014 Before MOTZ, KING, and DUNCAN, Circuit Judges. Dismissed by unpublished per curiam opinion. Wendell Edward Betancourt, Appellant Pro Se. Paul Thomas Camilletti, Assistant United States Attorney, Martinsburg, West Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Wendell Edward Betancourt seeks to appeal the district court s order denying his Fed. R. Civ. P. 60(b) motion for relief from the district court s order denying and dismissing his successive 28 U.S.C. § 2255 (2012) motion. appealable unless a circuit certificate of appealability. A certificate of justice The order is not or judge issues a 28 U.S.C. § 2253(c)(1)(B) (2012). appealability will not issue absent a substantial showing of the denial of a constitutional right. 28 U.S.C. § 2253(c)(2) (2012). 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 Betancourt 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 2 and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process. DISMISSED 3
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