US v. Jerrick Rorie, No. 16-6175 (4th Cir. 2016)
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-6175 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. JERRICK LAMONT RORIE, a/k/a Duwop, Defendant - Appellant. Appeal from the United States District Court for the District of South Carolina, at Florence. Terry L. Wooten, Chief District Judge. (4:08-cr-00367-TLW-3; 4:15-cv-05113-TLW) Submitted: April 19, 2016 Decided: April 22, 2016 Before AGEE, DIAZ, and THACKER, Circuit Judges. Dismissed by unpublished per curiam opinion. Jerrick Lamont Rorie, Appellant Pro Se. Robert Frank Daley, Jr., Stanley D. Ragsdale, Assistant United States Attorneys, Columbia, South Carolina, Arthur Bradley Parham, Assistant United States Attorney, Florence, South Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Jerrick Lamont Rorie seeks to appeal the district court’s order dismissing motion. judge as successive 28 U.S.C. § 2255 (2012) The order is not appealable unless a circuit justice or issues a certificate § 2253(c)(1)(B) (2012). issue his absent “a of 28 U.S.C. A certificate of appealability will not substantial constitutional right.” appealability. 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 Rorie 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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