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United States v. Dewitt

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
Oct 24, 2014
No. 14-6843 (4th Cir. Oct. 24, 2014)

Opinion

No. 14-6843

10-24-2014

UNITED STATES OF AMERICA, Plaintiff - Appellee, v. IRBY GENE DEWITT, Defendant - Appellant.

Irby Gene Dewitt, Appellant Pro Se. Arthur Bradley Parham, Assistant United States Attorney, Florence, South Carolina, for Appellee.


UNPUBLISHED Appeal from the United States District Court for the District of South Carolina, at Florence. Terry L. Wooten, Chief District Judge. (4:04-cr-00795-TLW-4; 4:11-cv-70013-TLW) Before SHEDD, DUNCAN, and FLOYD, Circuit Judges. Dismissed by unpublished per curiam opinion. Irby Gene Dewitt, Appellant Pro Se. Arthur Bradley Parham, Assistant United States Attorney, Florence, South Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Irby Gene Dewitt seeks to appeal the district court's order denying his Fed. R. Civ. P. 60(b) motion for reconsideration of 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 Dewitt 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


Summaries of

United States v. Dewitt

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
Oct 24, 2014
No. 14-6843 (4th Cir. Oct. 24, 2014)
Case details for

United States v. Dewitt

Case Details

Full title:UNITED STATES OF AMERICA, Plaintiff - Appellee, v. IRBY GENE DEWITT…

Court:UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

Date published: Oct 24, 2014

Citations

No. 14-6843 (4th Cir. Oct. 24, 2014)

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