UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 10-7638
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
HOWELL WAY WOLTZ,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte. W. Earl Britt, Senior
District Judge. (3:08-cv-00438-WEB; 3:06-cr-00074-WEB-1)
Submitted: April 28, 2011 Decided: May 3, 2011
Before DAVIS, KEENAN, and WYNN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Howell Way Woltz, Appellant Pro Se. Amy Elizabeth Ray,
Assistant United States Attorney, Asheville, North Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Howell Way Woltz seeks to appeal the district court’s
order denying relief on his 28 U.S.C.A. § 2255 (West Supp. 2010)
motion. The order is not appealable unless a circuit justice or
judge issues a certificate of appealability. 28 U.S.C.
§ 2253(c)(1) (2006). 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). When the
district court denies relief on the merits, a prisoner satisfies
this standard by demonstrating that reasonable jurists would
find that the district court’s assessment of the constitutional
claims is debatable or wrong. Slack v. McDaniel, 529 U.S. 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 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 Woltz has not made the requisite showing.
Accordingly, we deny a certificate of appealability and dismiss
the appeal. Further, we deny the pending motions for release
pending appeal and for expedited review. We dispense with oral
argument because the facts and legal contentions are adequately
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presented in the materials before the court and argument would
not aid the decisional process.
DISMISSED
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