United States v. Ernest Ingram

U.S. Court of Appeals for the Fourth Circuit

United States v. Ernest Ingram

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 20-6750

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

ERNEST INGRAM,

Defendant - Appellant.

Appeal from the United States District Court for the District of Maryland, at Greenbelt. George Jarrod Hazel, District Judge. (8:15-cr-00392-GJH-3; 8:17-cv-03064-GJH)

Submitted: December 22, 2020 Decided: December 29, 2020

Before NIEMEYER, FLOYD, and RICHARDSON, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Ernest Ingram, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

Ernest Ingram seeks to appeal the district court’s order denying relief on his

28 U.S.C. § 2255

motion. The order is not appealable unless a circuit justice or judge issues

a certificate of appealability. See

28 U.S.C. § 2253

(c)(1)(B). 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). When the district court denies relief on the merits, a prisoner satisfies

this standard by demonstrating that reasonable jurists could find the district court’s

assessment of the constitutional claims debatable or wrong. See Buck v. Davis,

137 S. Ct. 759, 773-74

(2017). 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. Gonzalez v.

Thaler,

565 U.S. 134, 140-41

(2012) (citing Slack v. McDaniel,

529 U.S. 473, 484

(2000)).

Limiting our review of the record to the issues raised in Ingram’s informal brief and

motion for a certificate of appealability, we conclude that Ingram has not made the requisite

showing. See 4th Cir. R. 34(b); see also Jackson v. Lightsey,

775 F.3d 170, 177

(4th Cir.

2014) (“The informal brief is an important document; under Fourth Circuit rules, our

review is limited to issues preserved in that brief.”). Accordingly, we deny Ingram’s

motion for 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Unpublished