US v. Joseph Mike, No. 14-6162 (4th Cir. 2014)
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 14-6162 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. JOSEPH MIKE, Defendant - Appellant. Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Robert J. Conrad, Jr., District Judge. (3:05-cr-00046-RJC-DSC-1; 3:11-cv-00481RJC) Submitted: May 22, 2014 Before TRAXLER, Circuit Judges. Chief Decided: May 29, 2014 Judge, and HAMILTON and DAVIS, Senior Dismissed by unpublished per curiam opinion. Joseph Mike, Appellant Pro Se. Thomas A. O Malley, OFFICE OF THE UNITED STATES ATTORNEY, Charlotte, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Joseph Mike seeks to appeal the district court s order denying relief on his 28 U.S.C. § 2255 (2012) motion. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. A certificate of 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 Mike has not made the requisite showing. deny a certificate of appealability, deny Accordingly, we Mike s motion to vacate his conviction, deny leave to proceed in forma pauperis, and dismiss the appeal. We dispense with oral argument because the facts and legal contentions are adequately presented in the 2 materials before this court and argument would not aid the decisional process. DISMISSED 3
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