US v. Kenneth Beverly, No. 14-6384 (4th Cir. 2014)
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 14-6384 UNITED STATES OF AMERICA, Plaintiff Appellee, v. KENNETH D. BEVERLY, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. Henry E. Hudson, District Judge. (3:05-cr-00526-HEH-1; 3:13-cv-00060-HEH) Submitted: July 29, 2014 Decided: August 21, 2014 Before NIEMEYER, KING, and FLOYD, Circuit Judges. Dismissed by unpublished per curiam opinion. Kenneth D. Beverly, Appellant Pro Se. Steven T. Buck, Gregg Robert Nivala, OFFICE OF THE UNITED STATES ATTORNEY, Gurney Wingate Grant, II, Assistant United States Attorney, Richmond, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Kenneth D. Beverly seeks to appeal the district court s orders construing his filings as 28 U.S.C. § 2255 (2012) motions and dismissing them as successive. appealable unless a circuit certificate of appealability. A certificate of justice The orders are 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 Beverly has not made the requisite showing. we deny his motion dismiss the appeal. facts and legal for a certificate of Accordingly, appealability and We dispense with oral argument because the contentions are 2 adequately presented in the materials before this court and argument would not aid the decisional process. DISMISSED 3
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