US v. Wallace Lester, No. 14-7285 (4th Cir. 2014)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 14-7285 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. WALLACE THOMAS LESTER, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. James C. Dever, III, Chief District Judge. (5:07-cr-00169-D-1; 5:09-cv-00293-D) Submitted: December 18, 2014 Decided: December 23, 2014 Before SHEDD, WYNN, and THACKER, Circuit Judges. Dismissed by unpublished per curiam opinion. Wallace Thomas Lester, Appellant Pro Se. Edward D. Gray, Assistant United States Attorney, Shailika S. Kotiya, Kelly Michele Perry, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Wallace Thomas Lester seeks to appeal the district court’s order dismissing his 28 U.S.C. § 2255 (2012) motion as successive and unauthorized. 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 Lester has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the appeal. dispense with oral argument because 2 the facts and We legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process. DISMISSED 3