United States v. Corieal Holmes

U.S. Court of Appeals for the Fourth Circuit

United States v. Corieal Holmes

Opinion

USCA4 Appeal: 22-6833 Doc: 7 Filed: 12/20/2022 Pg: 1 of 2

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 22-6833

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

CORIEAL LAROME HOLMES, a/k/a Cory,

Defendant - Appellant.

Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Frank D. Whitney, District Judge. (3:17-cr-00210-FDW-DSC-1; 3:22-cv- 00163-FDW)

Submitted: December 15, 2022 Decided: December 20, 2022

Before GREGORY, Chief Judge, and WILKINSON and DIAZ, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Corieal Larome Holmes, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 22-6833 Doc: 7 Filed: 12/20/2022 Pg: 2 of 2

PER CURIAM:

Corieal Larome Holmes 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 Holmes’ informal brief, we

conclude that Holmes 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 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