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    This document summarizes a United States Court of Appeals case in which Anthony Allen Lemay appealed a district court's denial of his 28 U.S.C.A. § 2255 motion. The appeals court dismissed the appeal, finding that Lemay did not make the requisite showing to receive a certificate of appealability, which is required to appeal a district court's denial of a § 2255 motion. Specifically, the appeals court found that Lemay did not demonstrate that the district court's assessment of his constitutional claims was debatable or wrong, or that his motion stated a debatable claim of a denial of a constitutional right.

    Original Description:

    Filed: 2011-04-27 Precedential Status: Non-Precedential Docket: 11-6110

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    This document summarizes a United States Court of Appeals case in which Anthony Allen Lemay appealed a district court's denial of his 28 U.S.C.A. § 2255 motion. The appeals court dismissed the appeal, finding that Lemay did not make the requisite showing to receive a certificate of appealability, which is required to appeal a district court's denial of a § 2255 motion. Specifically, the appeals court found that Lemay did not demonstrate that the district court's assessment of his constitutional claims was debatable or wrong, or that his motion stated a debatable claim of a denial of a constitutional right.

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    Public Domain
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    5 views3 pages

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

    Uploaded by

    Scribd Government Docs
    This document summarizes a United States Court of Appeals case in which Anthony Allen Lemay appealed a district court's denial of his 28 U.S.C.A. § 2255 motion. The appeals court dismissed the appeal, finding that Lemay did not make the requisite showing to receive a certificate of appealability, which is required to appeal a district court's denial of a § 2255 motion. Specifically, the appeals court found that Lemay did not demonstrate that the district court's assessment of his constitutional claims was debatable or wrong, or that his motion stated a debatable claim of a denial of a constitutional right.

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    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 11-6110

    UNITED STATES OF AMERICA,


    Plaintiff Appellee,
    v.
    ANTHONY ALLEN LEMAY,
    Defendant Appellant.

    Appeal from the United States District Court for the Western
    District of North Carolina, at Asheville. Martin K. Reidinger,
    District Judge. (1:02-cr-00105-MR-6; 1:06-cv-00336-MR)

    Submitted:

    April 21, 2011

    Decided:

    April 27, 2011

    Before WILKINSON, GREGORY, and DUNCAN, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Anthony Allen Lemay, Appellant Pro Se.


    Amy Elizabeth Ray,
    Assistant United States Attorney, Asheville, Virginia, for
    Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Anthony
    courts

    order

    Allen

    Lemay

    denying

    seeks

    relief

    (West Supp. 2010) motion.

    on

    to
    his

    appeal
    28

    the

    district

    U.S.C.A.

    2255

    The order is not appealable unless a

    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.
    and

    conclude

    that

    Slack,

    We have independently reviewed the record


    Lemay

    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

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