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United States v. Rolle

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
Jan 27, 2015
No. 14-7421 (4th Cir. Jan. 27, 2015)

Opinion

No. 14-7421

01-27-2015

UNITED STATES OF AMERICA, Plaintiff - Appellee, v. TROY ROLLE, a/k/a Robert Stan Marks, Defendant - Appellant.

Troy Rolle, Appellant Pro Se. Leesa Washington, Assistant United States Attorney, Greenville, South Carolina, for Appellee.


UNPUBLISHED Appeal from the United States District Court for the District of South Carolina, at Spartanburg. Henry M. Herlong, Jr., Senior District Judge. (7:97-cr-00608-HMH-1; 7:14-cv-02538-HMH) Before SHEDD, KEENAN, and DIAZ, Circuit Judges. Dismissed by unpublished per curiam opinion. Troy Rolle, Appellant Pro Se. Leesa Washington, Assistant United States Attorney, Greenville, South Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Troy Rolle seeks to appeal the district court's order dismissing as successive 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 Rolle 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. Rolle

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
Jan 27, 2015
No. 14-7421 (4th Cir. Jan. 27, 2015)
Case details for

United States v. Rolle

Case Details

Full title:UNITED STATES OF AMERICA, Plaintiff - Appellee, v. TROY ROLLE, a/k/a…

Court:UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

Date published: Jan 27, 2015

Citations

No. 14-7421 (4th Cir. Jan. 27, 2015)

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