Opinion
No. 14-6384
08-21-2014
UNITED STATES OF AMERICA, Plaintiff - Appellee, v. KENNETH D. BEVERLY, Defendant - Appellant.
Kenneth D. Beverly, Appellant Pro Se. Steven T. Buck, Gregg Robert Nivala, OFFICE OF THE UNITED STATES ATTORNEY, Gurney Wingate Grant, II, Assistant United States Attorney, Richmond, Virginia, for Appellee.
UNPUBLISHED Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. Henry E. Hudson, District Judge. (3:05-cr-00526-HEH-1; 3:13-cv-00060-HEH) Before NIEMEYER, KING, and FLOYD, Circuit Judges. Dismissed by unpublished per curiam opinion. Kenneth D. Beverly, Appellant Pro Se. Steven T. Buck, Gregg Robert Nivala, OFFICE OF THE UNITED STATES ATTORNEY, Gurney Wingate Grant, II, Assistant United States Attorney, Richmond, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM:
Kenneth D. Beverly seeks to appeal the district court's orders construing his filings as 28 U.S.C. § 2255 (2012) motions and dismissing them as successive. 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 Beverly has not made the requisite showing. Accordingly, we deny his motion for 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