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Winfield v. United States

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
Oct 18, 2011
450 F. App'x 291 (4th Cir. 2011)

Opinion

No. 11-7008

10-18-2011

ROBERT LEE WINFIELD, JR., Petitioner - Appellant, v. UNITED STATES OF AMERICA, Respondent - Appellee.

Robert Lee Winfield, Jr., Appellant Pro Se.


UNPUBLISHED

Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. Robert E. Payne, Senior District Judge. (3:11-cv-00316-REP)

Before SHEDD, AGEE, and WYNN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Robert Lee Winfield, Jr., Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Robert Lee Winfield, Jr., seeks to appeal the district court's order construing his writ of error coram nobis as a successive 28 U.S.C.A. § 2255 (West Supp. 2011) motion and dismissing it on that basis. 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 Winfield 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 the court and argument would not aid the decisional process.

DISMISSED


Summaries of

Winfield v. United States

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
Oct 18, 2011
450 F. App'x 291 (4th Cir. 2011)
Case details for

Winfield v. United States

Case Details

Full title:ROBERT LEE WINFIELD, JR., Petitioner - Appellant, v. UNITED STATES OF…

Court:UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

Date published: Oct 18, 2011

Citations

450 F. App'x 291 (4th Cir. 2011)