US v. Donald Lewis, No. 15-7175 (4th Cir. 2015)
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-7175 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. DONALD ELBERT LEWIS, a/k/a Peptone, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of North Carolina, at Greenville. Louise W. Flanagan, District Judge. (4:12-cr-00068-FL-2; 4:13-cv-00182-FL) Submitted: December 17, 2015 Decided: December 22, 2015 Before DIAZ and HARRIS, Circuit Judges, and HAMILTON, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Donald Elbert Lewis, Appellant Pro Se. Augustus D. Willis, Seth Morgan Wood, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Donald Elbert Lewis seeks to appeal the district court’s orders denying relief on his 28 U.S.C. § 2255 (2012) motion and denying his appealable motion unless for a reconsideration. circuit certificate of appealability. A certificate of justice The or orders judge are issues not 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 that the claims constitutional 529 by is U.S. 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 Lewis has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the appeal. We deny Lewis’ motions to dismiss the appeal pursuant to Fed. R. App. P. 42(b) and for a mental and emotional evaluation. 2 We dispense with oral argument 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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