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    United States v. Tyrone Clark, 4th Cir. (2015)

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    This document summarizes a United States Court of Appeals case. Tyrone Clark sought to appeal a district court order denying his 28 U.S.C. § 2255 motion as successive. The appeals court independently reviewed the record and concluded that Clark did not make the requisite showing to receive a certificate of appealability, which is required to appeal the denial of a § 2255 motion. As such, the appeals court denied the certificate of appealability and dismissed the appeal.

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    United States v. Tyrone Clark, 4th Cir. (2015)

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    Scribd Government Docs
    33 views3 pages
    This document summarizes a United States Court of Appeals case. Tyrone Clark sought to appeal a district court order denying his 28 U.S.C. § 2255 motion as successive. The appeals court independently reviewed the record and concluded that Clark did not make the requisite showing to receive a certificate of appealability, which is required to appeal the denial of a § 2255 motion. As such, the appeals court denied the certificate of appealability and dismissed the appeal.

    Original Description:

    Filed: 2015-03-16 Precedential Status: Non-Precedential Docket: 14-7576

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    This document summarizes a United States Court of Appeals case. Tyrone Clark sought to appeal a district court order denying his 28 U.S.C. § 2255 motion as successive. The appeals court independently reviewed the record and concluded that Clark did not make the requisite showing to receive a certificate of appealability, which is required to appeal the denial of a § 2255 motion. As such, the appeals court denied the certificate of appealability and dismissed the appeal.

    Copyright:

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

    United States v. Tyrone Clark, 4th Cir. (2015)

    Uploaded by

    Scribd Government Docs
    This document summarizes a United States Court of Appeals case. Tyrone Clark sought to appeal a district court order denying his 28 U.S.C. § 2255 motion as successive. The appeals court independently reviewed the record and concluded that Clark did not make the requisite showing to receive a certificate of appealability, which is required to appeal the denial of a § 2255 motion. As such, the appeals court denied the certificate of appealability and dismissed the appeal.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 14-7576

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    v.
    TYRONE CLARK,
    Defendant - Appellant.

    Appeal from the United States District Court for the District of
    Maryland, at Baltimore.
    J. Frederick Motz, Senior District
    Judge. (1:91-cr-00310-JFM-1; 1:14-cv-01899-JFM)

    Submitted:

    March 12, 2015

    Decided:

    March 16, 2015

    Before GREGORY, DIAZ, and HARRIS, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Tyrone Clark, Appellant Pro Se. Bonnie S. Greenberg, Assistant


    United States Attorney, Baltimore, Maryland, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Tyrone

    Clark

    seeks

    to

    appeal

    from

    the

    district

    courts

    order denying his 28 U.S.C. 2255 (2012) motion as successive.


    The order is not appealable unless a circuit justice or judge
    issues

    certificate

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

    absent

    of

    appealability.

    U.S.C.

    A certificate of appealability will not

    substantial

    constitutional right.

    28

    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
    Clark has not made the requisite showing.
    a

    certificate

    dispense

    with

    of

    appealability

    oral

    argument

    and

    dismiss

    because

    Accordingly, we deny

    the

    the

    appeal.

    facts

    and

    We
    legal

    contentions

    are

    adequately

    presented

    in

    the

    materials

    before

    this court and argument would not aid the decisional process.
    DISMISSED

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