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  • United States v. McCalla, 4th Cir. (2011)

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    The United States Court of Appeals for the Fourth Circuit dismissed Dain Claude McCalla's appeal of the district court's denial of his 28 U.S.C.A. § 2255 motion. The court independently reviewed the record and determined that McCalla did not make the requisite showing to receive a certificate of appealability, which is required to appeal the denial of a § 2255 motion. As such, the court dismissed McCalla's appeal and denied his motions to expedite and for oral argument as moot.

    Original Description:

    Filed: 2011-03-08 Precedential Status: Non-Precedential Docket: 10-7293

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    The United States Court of Appeals for the Fourth Circuit dismissed Dain Claude McCalla's appeal of the district court's denial of his 28 U.S.C.A. § 2255 motion. The court independently reviewed the record and determined that McCalla did not make the requisite showing to receive a certificate of appealability, which is required to appeal the denial of a § 2255 motion. As such, the court dismissed McCalla's appeal and denied his motions to expedite and for oral argument as moot.

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    2 views3 pages

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

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit dismissed Dain Claude McCalla's appeal of the district court's denial of his 28 U.S.C.A. § 2255 motion. The court independently reviewed the record and determined that McCalla did not make the requisite showing to receive a certificate of appealability, which is required to appeal the denial of a § 2255 motion. As such, the court dismissed McCalla's appeal and denied his motions to expedite and for oral argument as moot.

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    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 10-7293

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    v.
    DAIN CLAUDE MCCALLA,
    Defendant - Appellant.

    Appeal from the United States District Court for the District of
    Maryland, at Greenbelt. Roger W. Titus, District Judge. (8:06cr-00404-RWT)

    Submitted:

    February 28, 2011

    Decided:

    March 8, 2011

    Before TRAXLER, Chief Judge, and KING and DIAZ, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Dain Claude McCalla, Appellant Pro Se. Stacy Dawson Belf, Bryan
    E. Foreman, Assistant United States Attorneys, Greenbelt,
    Maryland, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Dain

    Claude

    McCalla

    seeks

    to

    appeal

    the

    district

    courts order denying relief on his 28 U.S.C.A. 2255 (West


    Supp.

    2010)

    motion.

    The

    order

    is

    not

    appealable

    unless

    circuit justice or judge issues a certificate of appealability.


    28 U.S.C. 2253(c)(1) (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 courts assessment of the constitutional


    claims is debatable or wrong.

    Slack v. McDaniel, 529 U.S. 473,

    484

    Cockrell,

    (2000);

    (2003).

    see

    Miller-El

    v.

    537

    U.S.

    322,

    336-38

    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.
    529 U.S. at 484-85.

    Slack,

    We have independently reviewed the record

    and conclude that McCalla has not made the requisite showing.
    Accordingly,

    we

    deny

    McCallas

    motion

    appealability and dismiss the appeal.


    to expedite as moot.
    facts

    and

    legal

    for

    certificate

    of

    We deny McCallas motions

    We dispense with oral argument because the

    contentions

    are

    adequately

    presented

    in

    the

    materials

    before

    the

    court

    and

    argument

    would

    not

    aid

    the

    decisional process.
    DISMISSED

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