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  • United States v. Solomon Glover, 4th Cir. (2013)

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    The United States Court of Appeals for the Fourth Circuit dismissed Solomon Glover's appeal of the district court's denial of his 28 U.S.C. § 2255 motion. The court independently reviewed the record and determined that Glover did not make a substantial showing of the denial of a constitutional right, as required to issue a certificate of appealability. Specifically, the court found that Glover did not demonstrate that reasonable jurists would debate the district court's assessment of his constitutional claims or that the issues presented were adequate to deserve encouragement to proceed further. Therefore, the court denied a certificate of appealability, denied Glover's motion to proceed in forma pauperis, and dismissed the appeal.

    Original Description:

    Filed: 2013-10-03 Precedential Status: Non-Precedential Docket: 13-6774

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    The United States Court of Appeals for the Fourth Circuit dismissed Solomon Glover's appeal of the district court's denial of his 28 U.S.C. § 2255 motion. The court independently reviewed the record and determined that Glover did not make a substantial showing of the denial of a constitutional right, as required to issue a certificate of appealability. Specifically, the court found that Glover did not demonstrate that reasonable jurists would debate the district court's assessment of his constitutional claims or that the issues presented were adequate to deserve encouragement to proceed further. Therefore, the court denied a certificate of appealability, denied Glover's motion to proceed in forma pauperis, and dismissed the appeal.

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    Public Domain
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    7 views3 pages

    United States v. Solomon Glover, 4th Cir. (2013)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit dismissed Solomon Glover's appeal of the district court's denial of his 28 U.S.C. § 2255 motion. The court independently reviewed the record and determined that Glover did not make a substantial showing of the denial of a constitutional right, as required to issue a certificate of appealability. Specifically, the court found that Glover did not demonstrate that reasonable jurists would debate the district court's assessment of his constitutional claims or that the issues presented were adequate to deserve encouragement to proceed further. Therefore, the court denied a certificate of appealability, denied Glover's motion to proceed in forma pauperis, and dismissed the appeal.

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    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 13-6774

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    v.
    SOLOMON GLOVER, a/k/a Terry Tyreil Moore, a/k/a Box, a/k/a
    Tyreil Moore, a/k/a Tyreil Morgan,
    Defendant - Appellant.

    Appeal from the United States District Court for the Eastern
    District of Virginia, at Norfolk.
    Arenda L. Wright Allen,
    District Judge. (2:03-cr-00039-AWA-FBS-1; 2:13-cv-00203-AWA)

    Submitted:

    September 26, 2013

    Decided:

    October 3, 2013

    Before MOTZ and KEENAN, Circuit Judges, and HAMILTON, Senior


    Circuit Judge.

    Dismissed by unpublished per curiam opinion.

    Solomon Glover, Appellant Pro Se. William David Muhr, Assistant


    United States Attorney, Norfolk, Virginia; Timothy Richard
    Murphy, Special Assistant United States Attorney, Newport News,
    Virginia, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Solomon Glover seeks to appeal the district courts
    order denying relief on his 28 U.S.C. 2255 (2006) motion.

    The

    order is not appealable unless a circuit justice or judge issues


    a

    certificate

    (2006).

    of

    appealability.

    28

    U.S.C.

    2253(c)(1)(B)

    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).
    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 Glover has not made the requisite showing.

    Accordingly, we

    deny a certificate of appealability, deny his motion to proceed


    in forma pauperis, and dismiss the appeal.
    oral

    argument

    because

    the

    facts

    and

    legal

    We dispense with
    contentions

    are

    adequately

    presented

    in

    the

    materials

    before

    this

    court

    and

    argument would not aid the decisional process.

    DISMISSED

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