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  • United States v. Elijah White, 4th Cir. (2014)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing Elijah White's appeal of the district court's order dismissing his successive 28 U.S.C. § 2255 motion as an unauthorized second or successive motion. The Fourth Circuit denied White's request for a certificate of appealability, finding that he failed to make the requisite substantial showing of the denial of a constitutional right. The Fourth Circuit also denied White's motion to seal the record and dispensed with oral argument.

    Original Description:

    Filed: 2014-12-23 Precedential Status: Non-Precedential Docket: 14-7167

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing Elijah White's appeal of the district court's order dismissing his successive 28 U.S.C. § 2255 motion as an unauthorized second or successive motion. The Fourth Circuit denied White's request for a certificate of appealability, finding that he failed to make the requisite substantial showing of the denial of a constitutional right. The Fourth Circuit also denied White's motion to seal the record and dispensed with oral argument.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
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    12 views3 pages

    United States v. Elijah White, 4th Cir. (2014)

    Uploaded by

    Scribd Government Docs
    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing Elijah White's appeal of the district court's order dismissing his successive 28 U.S.C. § 2255 motion as an unauthorized second or successive motion. The Fourth Circuit denied White's request for a certificate of appealability, finding that he failed to make the requisite substantial showing of the denial of a constitutional right. The Fourth Circuit also denied White's motion to seal the record and dispensed with oral argument.

    Copyright:

    Public Domain
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    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 14-7167

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    v.
    ELIJAH JEROME WHITE, a/k/a Dice,
    Defendant - Appellant.

    Appeal from the United States District Court for the District of
    South Carolina, at Charleston.
    Patrick Michael Duffy, Senior
    District Judge. (2:98-cr-00455-PMD-4; 2:14-cv-00167-PMD)

    Submitted:

    December 18, 2014

    Decided:

    December 23, 2014

    Before SHEDD, WYNN, and THACKER, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Elijah Jerome White, Appellant Pro Se.


    Peter Thomas Phillips,
    Assistant United States Attorney, Charleston, South Carolina,
    for Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Elijah
    courts

    order

    Jerome

    White

    seeks

    dismissing

    as

    successive

    (2012) motion.
    justice

    or

    to

    appeal
    his

    28

    the

    district

    U.S.C.

    2255

    The order is not appealable unless a circuit

    judge

    issues

    certificate

    U.S.C. 2253(c)(1)(B) (2012).

    of

    appealability.

    28

    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 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.

    Slack,

    529 U.S. at 484-85.


    We have independently reviewed the record and conclude
    that White has not made the requisite showing.

    Accordingly, we

    deny a certificate of appealability and dismiss the appeal.


    also

    deny

    argument

    Whites

    motion

    because

    to

    seal.

    the

    We

    dispense

    facts

    and

    with

    We
    oral

    legal

    contentions

    are

    adequately

    presented

    in

    the

    materials

    before

    this court and argument would not aid the decisional process.

    DISMISSED

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