US v. Jackson Brad White, Jr., No. 15-6920 (4th Cir. 2015)
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-6920 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. JACKSON BRAD WHITE, JR., Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Anthony John Trenga, District Judge. (1:12-cr-00309-AJT-1; 1:14-cv-00430) Submitted: December 15, 2015 Before GREGORY Circuit Judge. and FLOYD, Decided: Circuit Judges, December 17, 2015 and DAVIS, Senior Dismissed by unpublished per curiam opinion. Jackson Brad White, Jr., Appellant Pro Se. Marc Birnbaum, Angelissa Domenica Savino, Special Assistant United States Attorneys, Alexandria, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Jackson Brad White, § 2253(c)(1)(B) (2012). issue absent “a of U.S.C. district § 2255 appealability. 28 (2012) U.S.C. A certificate of appealability will not substantial constitutional right.” 28 the The order is not appealable unless a circuit justice or certificate his appeal motion. a on to order issues relief seeks court’s judge denying Jr., showing of the denial 28 U.S.C. § 2253(c)(2) (2012). of a When the district court denies relief on the merits, a prisoner satisfies this standard by demonstrating that reasonable jurists would find that the district court’s assessment of the constitutional claims is debatable or wrong. Slack v. McDaniel, 529 U.S. 473, 484 Cockrell, (2000); (2003). see Miller-El v. 537 U.S. 322, 336-38 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 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 White has not made the requisite showing. a certificate dispense with of appealability oral argument and dismiss because 2 Accordingly, we deny the the appeal. facts and We 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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