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  • United States v. John Elinski, 4th Cir. (2016)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit in the case of United States v. John Richard Elinski. The court dismissed Elinski's appeal of the district court's denial of his 28 U.S.C. § 2255 motion. The court concluded that Elinski did not make the requisite showing to obtain a certificate of appealability, which requires demonstrating that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong. As such, the court denied a certificate of appealability, denied leave to proceed in forma pauperis, and dismissed the appeal.

    Original Description:

    Filed: 2016-05-23 Precedential Status: Non-Precedential Docket: 16-6209

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit in the case of United States v. John Richard Elinski. The court dismissed Elinski's appeal of the district court's denial of his 28 U.S.C. § 2255 motion. The court concluded that Elinski did not make the requisite showing to obtain a certificate of appealability, which requires demonstrating that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong. As such, the court denied a certificate of appealability, denied leave to proceed in forma pauperis, and dismissed the appeal.

    Copyright:

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

    United States v. John Elinski, 4th Cir. (2016)

    Uploaded by

    Scribd Government Docs
    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit in the case of United States v. John Richard Elinski. The court dismissed Elinski's appeal of the district court's denial of his 28 U.S.C. § 2255 motion. The court concluded that Elinski did not make the requisite showing to obtain a certificate of appealability, which requires demonstrating that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong. As such, the court denied a certificate of appealability, denied leave 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. 16-6209

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    v.
    JOHN RICHARD ELINSKI,
    Defendant - Appellant.

    Appeal from the United States District Court for the Eastern
    District of Virginia, at Alexandria.
    Leonie M. Brinkema,
    District Judge. (1:14-cr-00431-LMB-1; 1:16-cv-00065-LMB)

    Submitted:

    May 18, 2016

    Decided:

    May 23, 2016

    Before SHEDD, DIAZ, and HARRIS, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    John Richard Elinski, Appellant Pro


    McCormick,
    Assistant
    United
    States
    Virginia, for Appellee.

    Se.
    Tracy DohertyAttorney,
    Alexandria,

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    John Richard Elinski 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

    (2012).

    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) (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
    Elinski has not made the requisite showing.

    Accordingly, we

    deny a certificate of appealability, deny leave to proceed in


    forma pauperis, and dismiss the appeal.

    We dispense with oral

    argument because the facts and legal contentions are adequately

    presented in the materials before this court and argument would


    not aid the decisional process.

    DISMISSED

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