United States v. Delton Raynor

U.S. Court of Appeals for the Fourth Circuit
United States v. Delton Raynor, 699 F. App'x 201 (4th Cir. 2017)
Floyd, Hamilton, Harris, Per Curiam

United States v. Delton Raynor

Opinion

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Delton Lamont Raynor seeks to appeal the district court’s order denying relief on his 28 U.S.C. § 2255 (2012) motion. The order is not appealable unless a circuit justice or judge issues a certificate of ap-pealability. 28 U.S.C. § 2253(c)(1)(B) (2012). A certificate of appealability will not issue absent “a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(e)(2) (2012). 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, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000); see Miller-El v. Cockrell, 537 U.S. 322, 336-38, 123 S.Ct. 1029, 154 L.Ed.2d 931 (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 a debatable claim of the denial of a constitutional right. Slack, 529 U.S. at 484-85, 120 S.Ct. 1595.

We have independently reviewed the record and conclude that Raynor has not made the requisite showing. Accordingly, we deny a certificate of appealability and-dismiss the appeal. We deny Raynor’s motion to remand and 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

Reference

Full Case Name
UNITED STATES of America, Plaintiff-Appellee, v. Delton Lamont RAYNOR, Defendant-Appellant
Status
Unpublished