US v. Maurice Proctor, No. 14-6427 (4th Cir. 2014)
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 14-6427 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. MAURICE CORTEZ PROCTOR, Defendant - Appellant. Appeal from the United States District Court for the District of Maryland, at Baltimore. Deborah K. Chasanow, Chief District Judge. (1:85-cr-00547-DKC-1; 8:13-cv-02728-DKC) Submitted: September 23, 2014 Before NIEMEYER and Senior Circuit Judge. GREGORY, Decided: Circuit September 25, 2014 Judges, and HAMILTON, Dismissed by unpublished per curiam opinion. Maurice Cortez Proctor, Sr., Appellant Pro Se. Sharfstein, OFFICE OF THE UNITED STATES ATTORNEY, Maryland, for Appellee. David I. Baltimore, Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Maurice Cortez Proctor seeks to appeal from the district court s order construing his motion filed under former Fed. R. Crim. P. 35(a) as a 28 U.S.C. § 2255 (2012) motion, and dismissing it as successive. a circuit justice appealability. or The order is not appealable unless judge issues a certificate 28 U.S.C. § 2253(c)(1)(B) (2012). of A certificate of appealability will not issue absent a substantial showing of the denial of a constitutional right. (2012). 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 Proctor 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
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