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    United States v. Major Boyd Whitley, 4th Cir. (2015)

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    Major Boyd Whitley filed a 28 U.S.C. § 2255 motion seeking to appeal the district court's denial of relief. The district court denied Whitley's motion and the Fourth Circuit Court of Appeals independently reviewed the record. The Fourth Circuit concluded that Whitley did not make the requisite showing to warrant a certificate of appealability and dismissed the appeal. The Fourth Circuit dispensed with oral argument, finding the facts and legal contentions were adequately presented in the case materials.

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    United States v. Major Boyd Whitley, 4th Cir. (2015)

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    Major Boyd Whitley filed a 28 U.S.C. § 2255 motion seeking to appeal the district court's denial of relief. The district court denied Whitley's motion and the Fourth Circuit Court of Appeals independently reviewed the record. The Fourth Circuit concluded that Whitley did not make the requisite showing to warrant a certificate of appealability and dismissed the appeal. The Fourth Circuit dispensed with oral argument, finding the facts and legal contentions were adequately presented in the case materials.

    Original Description:

    Filed: 2015-04-08 Precedential Status: Non-Precedential Docket: 14-7424

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    Major Boyd Whitley filed a 28 U.S.C. § 2255 motion seeking to appeal the district court's denial of relief. The district court denied Whitley's motion and the Fourth Circuit Court of Appeals independently reviewed the record. The Fourth Circuit concluded that Whitley did not make the requisite showing to warrant a certificate of appealability and dismissed the appeal. The Fourth Circuit dispensed with oral argument, finding the facts and legal contentions were adequately presented in the case materials.

    Copyright:

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

    United States v. Major Boyd Whitley, 4th Cir. (2015)

    Uploaded by

    Scribd Government Docs
    Major Boyd Whitley filed a 28 U.S.C. § 2255 motion seeking to appeal the district court's denial of relief. The district court denied Whitley's motion and the Fourth Circuit Court of Appeals independently reviewed the record. The Fourth Circuit concluded that Whitley did not make the requisite showing to warrant a certificate of appealability and dismissed the appeal. The Fourth Circuit dispensed with oral argument, finding the facts and legal contentions were adequately presented in the case materials.

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    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 14-7424

    UNITED STATES OF AMERICA,


    Plaintiff Appellee,
    v.
    MAJOR BOYD WHITLEY,
    Defendant - Appellant.

    Appeal from the United States District Court for the Middle
    District of North Carolina, at Greensboro. James A. Beaty, Jr.,
    Senior District Judge. (1:03-cr-00445-JAB-1; 1:12-cv-00067-JABJLW)

    Submitted:

    March 26, 2015

    Decided:

    April 8, 2015

    Before WILKINSON, SHEDD, and DIAZ, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Major Boyd Whitley, Appellant Pro Se. Michael Francis Joseph,


    Angela Hewlett Miller, Assistant United States Attorneys,
    Terri-Lei OMalley, OFFICE OF THE UNITED STATES ATTORNEY,
    Greensboro, North Carolina, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Major Boyd Whitley seeks to appeal the district courts
    order accepting the recommendation of the magistrate judge and
    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.

    satisfies

    jurists

    would

    of

    the

    v.

    McDaniel,

    Slack

    this

    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
    Whitley has not made the requisite showing.

    Accordingly, we

    deny a certificate of appealability and dismiss the appeal.


    dispense

    with

    oral

    argument

    because

    the

    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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