US v. Donald Shealey, No. 16-6156 (4th Cir. 2016)
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-6156 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. DONALD STANTON SHEALEY, a/k/a Face, a/k/a Diddy, a/k/a Face Diddy, a/k/a The City, a/k/a Donald Santon Shealey, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. James C. Fox, Senior District Judge. (5:08-cr-00282-F-2; 5:12-cv-00538-F) Submitted: August 25, 2016 Decided: August 29, 2016 Before NIEMEYER, DIAZ, and FLOYD, Circuit Judges. Dismissed by unpublished per curiam opinion. Donald Stanton Shealey, Appellant Pro Se. Stephen Aubrey West, Assistant United States Attorney, Jonathan Philip Holbrook, Tobin Webb Lathan, Banumathi Rangarajan, 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 Unpublished opinions are not binding precedent in this circuit.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: Donald Stanton Shealey seeks to appeal the district court’s orders accepting the recommendation of the magistrate judge and denying relief on his 28 U.S.C. § 2255 (2012) motion and denying his Fed. R. Civ. P. 59(e) motion. unless a circuit appealability. justice or The orders are not appealable 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 both on procedural that the When the district court grounds, dispositive the prisoner procedural ruling must 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 Shealey has not made the requisite showing. Accordingly, we deny Shealey’s motion for a certificate of appealability and dismiss the appeal. facts and legal We dispense with oral argument because the contentions are 2 adequately presented in the materials before this court and argument would not aid the decisional process. DISMISSED 3
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