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  • United States v. Monti Bellamy, 4th Cir. (2015)

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    The United States Court of Appeals for the Fourth Circuit dismissed Monti Bellamy's appeal of the district court's denial of his 28 U.S.C. § 2255 motion. The court independently reviewed the record and concluded that Bellamy did not make the requisite showing to obtain a certificate of appealability by demonstrating that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong. As such, the court denied Bellamy's motion for a certificate of appealability and dismissed the appeal.

    Original Description:

    Filed: 2015-04-27 Precedential Status: Non-Precedential Docket: 14-7603

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    The United States Court of Appeals for the Fourth Circuit dismissed Monti Bellamy's appeal of the district court's denial of his 28 U.S.C. § 2255 motion. The court independently reviewed the record and concluded that Bellamy did not make the requisite showing to obtain a certificate of appealability by demonstrating that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong. As such, the court denied Bellamy's motion for a certificate of appealability and dismissed the appeal.

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    Public Domain
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    9 views3 pages

    United States v. Monti Bellamy, 4th Cir. (2015)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit dismissed Monti Bellamy's appeal of the district court's denial of his 28 U.S.C. § 2255 motion. The court independently reviewed the record and concluded that Bellamy did not make the requisite showing to obtain a certificate of appealability by demonstrating that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong. As such, the court denied Bellamy's motion for a certificate of appealability and dismissed the appeal.

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    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 14-7603

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    v.
    MONTI N. BELLAMY,
    Defendant - Appellant.

    Appeal from the United States District Court for the District of
    South Carolina, at Florence. R. Bryan Harwell, District Judge.
    (4:11-cr-00271-RBH-1; 4:12-cv-01460-RBH)

    Submitted:

    April 23, 2015

    Decided: April 27, 2015

    Before SHEDD, DUNCAN, and THACKER, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Monti N. Bellamy, Appellant Pro Se.


    Alfred William Walker
    Bethea, Jr., Assistant United States Attorney, Florence, South
    Carolina, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Monti N. Bellamy seeks to appeal the district courts order
    denying relief on his 28 U.S.C. 2255 (2012) motion.

    The order

    is not appealable unless a circuit justice or judge issues a


    certificate of appealability.
    A

    certificate

    of

    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
    Bellamy has not made the requisite showing.

    Accordingly, we

    deny Bellamys motion for a certificate of appealability and


    dismiss the appeal.
    facts

    and

    legal

    We dispense with oral argument because the

    contentions

    are

    adequately

    presented

    in

    the

    materials

    before

    this

    court

    and

    argument

    would

    not

    aid

    the

    decisional process.

    DISMISSED

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