US v. Melvin Garri

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case numbers: 4:06-cr-00016-FL-1,4:09-cv-00093-FL. Copies to all parties and the district court/agency. [998614174] Mailed to: Melvin Paul Garris. [11-6258]

Appeal: 11-6258

Document: 8

Date Filed: 06/17/2011

Page: 1 of 3

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 11-6258

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
MELVIN PAUL GARRIS,
Defendant - Appellant.

Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh.
Louise W. Flanagan,
Chief District Judge. (4:06-cr-00016-FL-1; 4:09-cv-00093-FL)

Submitted:

June 9, 2011

Decided:

June 17, 2011

Before KING, SHEDD, and WYNN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Melvin Paul Garris, Appellant Pro Se.
Joe Delbert Baker, II,
MARINE CORPS BASE, Camp Lejeune, North Carolina; Seth Morgan
Wood, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North
Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 11-6258

Document: 8

Date Filed: 06/17/2011

Page: 2 of 3

PER CURIAM:
Melvin
court’s

order

Paul

Garris

accepting

the

seeks

to

appeal

recommendation

of

the
the

district
magistrate

judge and denying relief on his 28 U.S.C.A. § 2255 (West Supp.
2010) motion.
justice

or

The order is not appealable unless a circuit

judge

issues

a

certificate

U.S.C. § 2253(c)(1)(B) (2006).

of

appealability.

28

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

Cockrell,

(2000);

(2003).

see

Miller-El

v.

537

U.S.

322,

336-38

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

debatable claim of the denial of a constitutional right.
529 U.S. at 484-85.

a

Slack,

We have independently reviewed the record

and conclude that Garris has not made the requisite showing.
Accordingly, we deny a certificate of appealability and dismiss
the appeal.

We dispense with oral argument because the facts

and legal contentions are adequately presented in the materials

2

Appeal: 11-6258

before

Document: 8

Date Filed: 06/17/2011

the

and

court

argument

would

Page: 3 of 3

not

aid

the

decisional

process.
DISMISSED

3