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  • United States v. Devares Vick, 4th Cir. (2015)

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    This document summarizes a court order dismissing Devares Antron Vick's appeal of the district court's dismissal of his 28 U.S.C. § 2255 motion and denial of reconsideration. The court of appeals denied Vick's request for a certificate of appealability, which is required to appeal orders denying § 2255 motions. The court concluded that Vick did not demonstrate that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong. As such, the court dismissed Vick's appeal.

    Original Description:

    Filed: 2015-01-26 Precedential Status: Non-Precedential Docket: 13-6974

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    This document summarizes a court order dismissing Devares Antron Vick's appeal of the district court's dismissal of his 28 U.S.C. § 2255 motion and denial of reconsideration. The court of appeals denied Vick's request for a certificate of appealability, which is required to appeal orders denying § 2255 motions. The court concluded that Vick did not demonstrate that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong. As such, the court dismissed Vick's appeal.

    Copyright:

    Public Domain
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    10 views3 pages

    United States v. Devares Vick, 4th Cir. (2015)

    Uploaded by

    Scribd Government Docs
    This document summarizes a court order dismissing Devares Antron Vick's appeal of the district court's dismissal of his 28 U.S.C. § 2255 motion and denial of reconsideration. The court of appeals denied Vick's request for a certificate of appealability, which is required to appeal orders denying § 2255 motions. The court concluded that Vick did not demonstrate that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong. As such, the court dismissed Vick's appeal.

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    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 13-6974

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    v.
    DEVARES ANTRON VICK, a/k/a Red,
    Defendant - Appellant.

    Appeal from the United States District Court for the Eastern
    District of North Carolina, at Raleigh.
    James C. Dever, III,
    Chief District Judge. (5:06-cr-00235-D-1; 5:11-cv-00508-D)

    Submitted:

    January 22, 2015

    Decided:

    January 26, 2015

    Before SHEDD, KEENAN, and DIAZ, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Devares Antron Vick, Appellant Pro Se. Jennifer P. May-Parker,


    Assistant United States Attorney, Kimberly Ann Moore, OFFICE OF
    THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for
    Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Devares
    courts

    orders

    Antron

    Vick

    dismissing

    as

    seeks

    to

    untimely

    appeal

    his

    28

    (2012) motion and denying reconsideration.


    appealable

    unless

    circuit

    certificate of appealability.
    A

    certificate

    of

    justice

    the

    district

    U.S.C.

    2255

    The orders are not


    or

    judge

    issues

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

    appealability

    will

    not

    issue

    absent

    substantial showing of the denial of a constitutional right.


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

    on

    the

    demonstrating
    district

    merits,
    that

    courts

    debatable

    or

    When the district court denies

    prisoner

    reasonable

    assessment

    wrong.

    Slack

    satisfies

    jurists

    this

    would

    of

    the

    v.

    McDaniel,

    standard

    find

    constitutional
    529

    U.S.

    by

    that

    the

    claims

    is

    473,

    484

    (2000); see Miller-El v. Cockrell, 537 U.S. 322, 336-38 (2003).


    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

    claim of the denial of a constitutional right.

    debatable

    Slack, 529 U.S.

    at 484-85.
    We have independently reviewed the record and conclude
    that Vick has not made the requisite showing.

    Accordingly, we

    deny a certificate of appealability and dismiss the appeal.

    We

    deny Vicks motions to place the case in abeyance and appoint


    counsel.

    We dispense with oral argument because the facts and


    2

    legal
    before

    contentions
    this

    court

    are

    adequately

    and

    argument

    presented

    would

    not

    in
    aid

    the
    the

    materials
    decisional

    process.
    DISMISSED

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