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  • United States v. Damon Elliott, 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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Damon Emanuel Elliott. The district court had dismissed without prejudice Elliott's petition under 28 U.S.C. § 2241 and motion under 28 U.S.C. § 1651, construing both as a successive § 2255 motion. The appeals court independently reviewed the record and determined that Elliott did not make the requisite showing to receive a certificate of appealability, so it dismissed the appeal.

    Original Description:

    Filed: 2014-12-23 Precedential Status: Non-Precedential Docket: 14-7382

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Damon Emanuel Elliott. The district court had dismissed without prejudice Elliott's petition under 28 U.S.C. § 2241 and motion under 28 U.S.C. § 1651, construing both as a successive § 2255 motion. The appeals court independently reviewed the record and determined that Elliott did not make the requisite showing to receive a certificate of appealability, so it dismissed the appeal.

    Copyright:

    Public Domain
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    6 views3 pages

    United States v. Damon Elliott, 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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Damon Emanuel Elliott. The district court had dismissed without prejudice Elliott's petition under 28 U.S.C. § 2241 and motion under 28 U.S.C. § 1651, construing both as a successive § 2255 motion. The appeals court independently reviewed the record and determined that Elliott did not make the requisite showing to receive a certificate of appealability, so it dismissed the appeal.

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    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 14-7382

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    v.
    DAMON EMANUEL ELLIOTT,
    Defendant - Appellant.

    Appeal from the United States District Court for the District of
    Maryland, at Greenbelt.
    Peter J. Messitte, Senior District
    Judge.
    (8:97-cr-00053-PJM-1; 8:14-cv-02732-PJM; 8:14-cv-02742PJM)

    Submitted:

    December 18, 2014

    Decided:

    December 23, 2014

    Before SHEDD, WYNN, and THACKER, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Damon Emanuel Elliott, Appellant Pro Se.


    Sujit Raman, Assistant United States
    Maryland, for Appellee.

    Lindsay Eyler Kaplan,


    Attorneys, Greenbelt,

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Damon

    Emanuel

    Elliott

    seeks

    to

    appeal

    the

    district

    courts order dismissing without prejudice his petition filed


    under 28 U.S.C. 2241 (2012) and his motion filed pursuant to
    28

    U.S.C.

    1651

    (2012),

    of

    or

    issues

    2253(c)(1)(B) (2012).
    issue

    absent

    2255

    appealability.

    (2012)

    28

    U.S.C.

    A certificate of appealability will not

    substantial

    constitutional right.

    court

    The order is not appealable unless a circuit justice


    of

    U.S.C.

    district

    motions.

    certificate

    28

    the

    construed

    successive

    which

    properly

    judge

    as

    both

    showing

    of

    the

    denial

    28 U.S.C. 2253(c)(2) (2012).

    of

    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 Elliott has not made the requisite showing.

    Accordingly,

    we deny a certificate of appealability and dismiss the appeal.


    2

    We

    dispense

    contentions

    with
    are

    oral

    argument

    adequately

    because

    presented

    in

    the

    facts

    and

    the

    materials

    legal
    before

    this court and argument would not aid the decisional process.

    DISMISSED

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