United States v. Kshawn Hill

U.S. Court of Appeals for the Fourth Circuit

United States v. Kshawn Hill

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 19-6860

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

KSHAWN MALIK HILL,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. Henry E. Hudson, Senior District Judge. (3:11-cr-00049-HEH-1; 3:13-cv-00674-HEH)

Submitted: November 21, 2019 Decided: November 26, 2019

Before KEENAN and DIAZ, Circuit Judges, and SHEDD, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Kshawn Malik Hill, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Kshawn Malik Hill 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 appealability.

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

(c)(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

(2000); see Miller-El v. Cockrell,

537 U.S. 322, 336-38

(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

.

We have independently reviewed the record and conclude that Hill 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

2

Reference

Status
Unpublished