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    United States v. Melvin Gilbert, 4th Cir. (2015)

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    The United States Court of Appeals for the Fourth Circuit dismissed Melvin Gilbert's appeal of the district court's denial of his 28 U.S.C. § 2255 motion. The court concluded that Gilbert did not make the requisite showing to receive 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 Gilbert a certificate of appealability and dismissed his appeal without oral argument.

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    United States v. Melvin Gilbert, 4th Cir. (2015)

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    The United States Court of Appeals for the Fourth Circuit dismissed Melvin Gilbert's appeal of the district court's denial of his 28 U.S.C. § 2255 motion. The court concluded that Gilbert did not make the requisite showing to receive 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 Gilbert a certificate of appealability and dismissed his appeal without oral argument.

    Original Description:

    Filed: 2015-06-18 Precedential Status: Non-Precedential Docket: 14-7635

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    The United States Court of Appeals for the Fourth Circuit dismissed Melvin Gilbert's appeal of the district court's denial of his 28 U.S.C. § 2255 motion. The court concluded that Gilbert did not make the requisite showing to receive 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 Gilbert a certificate of appealability and dismissed his appeal without oral argument.

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    12 views3 pages

    United States v. Melvin Gilbert, 4th Cir. (2015)

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    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit dismissed Melvin Gilbert's appeal of the district court's denial of his 28 U.S.C. § 2255 motion. The court concluded that Gilbert did not make the requisite showing to receive 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 Gilbert a certificate of appealability and dismissed his appeal without oral argument.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 14-7635

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    v.
    MELVIN GILBERT,
    Defendant - Appellant.

    Appeal from the United States District Court for the District of
    Maryland, at Baltimore.
    J. Frederick Motz, Senior District
    Judge. (1:06-cr-00309-JFM-7)

    Submitted:

    May 28, 2015

    Decided:

    June 18, 2015

    Before SHEDD, KEENAN, and FLOYD, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Melvin Gilbert, Appellant


    Reeves Harding, Assistant
    Maryland, for Appellee.

    Pro Se.
    Debra Lynn Dwyer, Robert
    United States Attorneys, Baltimore,

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Melvin Gilbert 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.

    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
    Gilbert 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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