US v. Lorenzo Mason, No. 14-6458 (4th Cir. 2014)
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 14-6458 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. LORENZO KENYON MASON, Defendant - Appellant. Appeal from the United States District Court for the Western District of North Carolina, at Asheville. Martin K. Reidinger, District Judge. (1:08-cr-00103-MR-1; 1:11-cv-00259-MR) Submitted: August 28, 2014 Decided: September 2, 2014 Before WILKINSON, KING, and DUNCAN, Circuit Judges. Dismissed by unpublished per curiam opinion. Lorenzo Kenyon Mason, Appellant Pro Se. Amy Elizabeth Ray, Assistant United States Attorney, Jill Westmoreland Rose, OFFICE OF THE UNITED STATES ATTORNEY, Asheville, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Lorenzo Kenyon Mason seeks to appeal the district court s order treating his motion seeking relief under the All Writs Act, 28 U.S.C. § 1651 (2012), and Fed. R. Civ. P. 60(b), as a successive and unauthorized 28 U.S.C. § 2255 (2012) motion, and dismissing it on that basis. not appealable certificate Reid v. unless of circuit appealability. Angelone, certificate a of 369 The district court s order is justice 28 U.S.C. F.3d 363, appealability 369 will or judge issues § 2253(c)(1) (4th not Cir. a (2012); 2004). absent issue A 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 Mason has not made the requisite showing. 2 Accordingly, we deny a certificate of appealability and dismiss the appeal. dispense with contentions are oral argument adequately because presented in the the facts We and legal materials before this court and argument would not aid the decisional process. DISMISSED 3
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