United States v. Baker
United States v. Baker
Opinion of the Court
Dismissed by unpublished PER CURIAM opinion.
Unpublished opinions are not binding precedent in this circuit.
John Calvin Baker seeks to appeal the district court’s order dismissing his motion filed pursuant to 28 U.S.C. § 1651 (2006), which the district court properly construed as a successive 28 U.S.C.A. § 2255 (West Supp. 2013) motion. The order is not ap-pealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1)(B) (2006). A certificate of appealability will not issue absent “a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2) (2006). When the district
We have independently reviewed the record and conclude that Baker has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the appeal. 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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.