Académique Documents
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No. 12-7437
Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk.
Robert G. Doumar, Senior
District Judge. (2:95-cr-00052-RGD-1; 2:12-cv-00414-RGD)
Submitted:
Decided:
April 1, 2013
PER CURIAM:
Anthony Blagrove seeks to appeal the district courts
order dismissing his Fed. R. Civ. P. 60(b) motion filed in his
28 U.S.C.A. 2255 (West Supp. 2012) proceedings. *
not
appealable
unless
circuit
certificate of appealability.
A
certificate
of
justice
or
The order is
judge
issues
appealability
will
not
issue
absent
on
the
demonstrating
district
debatable
merits,
that
courts
or
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
is
debatable,
and
that
the
motion
states
debatable
at
the
48485.
conclude
that
We
have
Blagrove
independently
has
not
reviewed
made
the
record
requisite
and
showing.
informal
brief
as
an
application
to
file
second
or
In order
must
discovered
assert
evidence,
claims
not
based
on
previously
either:
(1)
discoverable
newly
by
due
evidence
that,
but
for
constitutional
error,
no
satisfy
28 U.S.C.A. 2255(h).
either
of
these
criteria.
Blagroves claims do
Therefore,
we
deny
contentions
this
court
are
adequately
and
argument
presented
would
not
in
aid
the
the
materials
decisional
process.
DISMISSED