Professional Documents
Culture Documents
No. 12-7824
Appeal from the United States District Court for the Northern
District of West Virginia, at Martinsburg. John Preston Bailey,
Chief District Judge.
(3:01-cr-00025-JPB-JES-5; 3:12-cv-00083JPB-JES)
Submitted:
Decided:
February 7, 2013
Thomas
States
PER CURIAM:
Wendell Edward Betancourt seeks to appeal the district
courts orders denying and dismissing his successive 28 U.S.C.A.
2255
(West
Supp.
reconsideration.
justice
or
2012)
motion
and
denying
his
motion
for
judge
issues
certificate
of
appealability.
28
A certificate of appealability
When the
standard
by
demonstrating
that
reasonable
jurists
would
484
Cockrell,
(2000);
(2003).
see
Miller-El
v.
537
U.S.
322,
336-38
Slack,
Accordingly,
we
construe
Betancourts
notice
of
application
to
file
second
or
successive
2255
motion.
United States v. Winestock, 340 F.3d 200, 208 (4th Cir. 2003).
In order to obtain authorization to file a successive 2255
motion, a prisoner must assert claims based on either: (1) newly
discovered
evidence,
not
previously
discoverable
by
due
evidence
that,
but
for
constitutional
error,
no
contentions
this
court
are
adequately
and
argument
presented
would
not
in
aid
the
the
materials
decisional
process.
DISMISSED