[go: up one dir, main page]
Scribd
Upload
38 views3 pages

United States v. Clarke, 4th Cir. (2011)

This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit regarding Nigel Clarke's appeal of the dismissal of his successive 28 U.S.C. § 2255 motion. The court dismissed the appeal without prejudice because Clarke did not obtain a certificate of appealability, which requires a substantial showing that his constitutional rights were denied. The court independently reviewed the record and determined Clarke did not make the requisite showing. Accordingly, the court denied a certificate of appealability and dismissed the appeal.

Uploaded by

Scribd Government Docs
Copyright
© Public Domain
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF or read online on Scribd
38 views3 pages

United States v. Clarke, 4th Cir. (2011)

This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit regarding Nigel Clarke's appeal of the dismissal of his successive 28 U.S.C. § 2255 motion. The court dismissed the appeal without prejudice because Clarke did not obtain a certificate of appealability, which requires a substantial showing that his constitutional rights were denied. The court independently reviewed the record and determined Clarke did not make the requisite showing. Accordingly, the court denied a certificate of appealability and dismissed the appeal.

Uploaded by

Scribd Government Docs
Copyright
© Public Domain
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF or read online on Scribd
You are on page 1/ 3

UNPUBLISHED

UNITED STATES COURT OF APPEALS


FOR THE FOURTH CIRCUIT

No. 11-6122

UNITED STATES OF AMERICA,


Plaintiff - Appellee,
v.
NIGEL CLARKE,
Defendant - Appellant.

Appeal from the United States District Court for the Eastern
District of North Carolina, at Greenville.
Malcolm J. Howard,
Senior District Judge. (4:02-cr-00060-H-5; 4:10-cv-00195-H)

Submitted:

May 19, 2011

Before TRAXLER,
Judges.

Chief

Decided:

Judge,

and

AGEE

and

May 24, 2011

KEENAN,

Circuit

Dismissed by unpublished per curiam opinion.

Nigel Clarke, Appellant Pro Se. William Ellis Boyle, OFFICE OF


THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for
Appellee.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:
Nigel

Clarke

seeks

to

appeal

the

district

courts

order dismissing without prejudice his successive 28 U.S.C.A.


2255 (West Supp. 2010) motion.
unless

circuit

appealability.

justice

or

The order is not appealable

judge

issues

28 U.S.C. 2253(c)(1) (2006).

certificate

of

A certificate of

appealability will not issue absent a substantial showing of


the denial of a constitutional right.
(2006).

28 U.S.C. 2253(c)(2)

When the district court denies relief on the merits, a

prisoner

satisfies

this

jurists

would

reasonable

standard
find

by

that

demonstrating

the

district

that

courts

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).
denies

relief

demonstrate

on

both

procedural

that

the

When the district court

grounds,

dispositive

the

prisoner

procedural

must

ruling

is

debatable, and that the motion states a debatable claim of the


denial of a constitutional right.
We

have

independently

reviewed

the

Slack, 529 U.S. at 484-85.


record

Clarke has not made the requisite showing.


a

certificate

dispense

with

of

appealability

oral

argument

and

conclude

that

Accordingly, we deny

dismiss

because

and

the

the

appeal.

facts

and

We
legal

contentions are adequately presented in the materials before the


court and argument would not aid the decisional process.

DISMISSED

You might also like