US v. Demetrius Whitehead, No. 16-6059 (4th Cir. 2016)
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-6059 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. DEMETRIUS DARRELL WHITEHEAD, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. James C. Fox, Senior District Judge. (5:10-cr-00213-F-1; 5:14-cv-00349-F) Submitted: May 18, 2016 Decided: May 23, 2016 Before SHEDD, DIAZ, and HARRIS, Circuit Judges. Dismissed by unpublished per curiam opinion. Demetrius Darrell Whitehead, Appellant Pro Se. Jennifer P. MayParker, Assistant United States Attorney, Denise Walker, 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 Unpublished opinions are not binding precedent in this circuit.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: Demetrius Darrell Whitehead seeks to appeal the district court’s order motion. The order is not appealable unless a circuit justice or judge issues denying a relief certificate § 2253(c)(1)(B) (2012). issue absent “a on of 28 U.S.C. § 2255 appealability. 28 (2012) U.S.C. A certificate of appealability will not substantial constitutional right.” his 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 Whitehead has not made the requisite showing. 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 2
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