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United States v. Nance

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
Jan 25, 2013
507 F. App'x 318 (4th Cir. 2013)

Summary

denying certificate of appealability and dismissing appeal

Summary of this case from Nance v. Werlich

Opinion

No. 12-7733

01-25-2013

UNITED STATES OF AMERICA, Plaintiff - Appellee, v. JIMMY LAWRENCE NANCE, Defendant - Appellant.

Jimmy Lawrence Nance, Appellant Pro Se. Thomas Linn Eckert, Assistant United States Attorney, Roanoke, Virginia, for Appellee


UNPUBLISHED

Appeal from the United States District Court for the Western District of Virginia, at Roanoke. James C. Turk, Senior District Judge. (7:92-cr-00135-JCT-RSB-1; 7:12-cv-80519-JCT-RSB; 7:11-cv-80382-JCT-RSB) Before WILKINSON, NIEMEYER, and THACKER, Circuit Judges. Dismissed by unpublished per curiam opinion. Jimmy Lawrence Nance, Appellant Pro Se. Thomas Linn Eckert, Assistant United States Attorney, Roanoke, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Jimmy Lawrence Nance seeks to appeal the district court's order dismissing as successive his 28 U.S.C.A. § 2255 (West Supp. 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) (2006). 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) (2006). 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 Nance 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. Nance

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
Jan 25, 2013
507 F. App'x 318 (4th Cir. 2013)

denying certificate of appealability and dismissing appeal

Summary of this case from Nance v. Werlich
Case details for

United States v. Nance

Case Details

Full title:UNITED STATES OF AMERICA, Plaintiff - Appellee, v. JIMMY LAWRENCE NANCE…

Court:UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

Date published: Jan 25, 2013

Citations

507 F. App'x 318 (4th Cir. 2013)

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