United States of America v. ARTHUR EDWARD WILLIAMSON, JR., a/k/a Fast Eddie

15-6692Court of Appeals for the Fourth Circuit5 nov 2015

Testo completo

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-6692
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
ARTHUR EDWARD WILLIAMSON, JR., a/k/a Fast Eddie,
Defendant - Appellant.
Appeal from the United States District Court for the District of
South Carolina, at Anderson. Henry M. Herlong, Jr., Senior
District Judge. (8:02-cr-00324-HMH-1; 8:15-cv-01094-HMH)
Submitted: October 28, 2015 Decided: November 5, 2015
Before NIEMEYER, KING, and GREGORY, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Arthur Edward Williamson, Jr., Appellant Pro Se. Alan Lance
Crick, Assistant United States Attorney, Greenville, South
Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Arthur Williamson, Jr., seeks to appeal the district
court’s orders dismissing as successive his 28 U.S.C. § 2255
(2012) motion and denying his motion to reconsider under Fed. R.
Civ. P. 59(e). The orders are 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
Williamson 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

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contentions are adequately presented in the materials before
this court and argument would not aid the decisional process.
DISMISSED

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