US v. Robert Parker
Filing
UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying for certificate of appealability; denying updating certificate of appealability status Originating case number: 1:10-cr-00070-CMH-1,1:11-cv-00536-CMH Copies to all parties and the district court/agency. [998868412]. Mailed to: Robert Parker. [11-7484]
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 11-7484
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
ROBERT EDWIN PARKER,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria.
Claude M. Hilton, Senior
District Judge. (1:10-cr-00070-CMH-1; 1:11-cv-00536-CMH)
Submitted:
May 31, 2012
Decided:
June 5, 2012
Before KING, DUNCAN, and DIAZ, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Robert Edwin Parker, Appellant Pro Se.
Jessica R.C. Malloy,
UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., Gerald J.
Smagala, OFFICE OF THE UNITED STATES ATTORNEY, Alexandria,
Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
Robert
Edwin
Parker
seeks
to
appeal
the
district
court’s order denying relief on his 28 U.S.C.A. § 2255 (West
Supp.
2011)
motion.
The
order
is
not
appealable
unless
a
circuit justice or judge issues a certificate of appealability.
28
U.S.C.
§ 2253(c)(1)(B)
(2006).
A
certificate
of
appealability will not issue absent “a substantial showing of
the denial of a constitutional right.”
(2006).
28 U.S.C. § 2253(c)(2)
When the district court denies relief on the merits, a
prisoner
satisfies
this
jurists
would
reasonable
standard
find
by
that
demonstrating
the
district
that
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).
denies
relief
demonstrate
on
both
procedural
that
the
When the district court
grounds,
dispositive
the
prisoner
procedural
must
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 Parker has not made the requisite showing.
Accordingly, we
deny a certificate of appealability and dismiss the appeal.
dispense
with
oral
argument
because
2
the
facts
and
We
legal
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contentions are adequately presented in the materials before the
court and argument would not aid the decisional process.
DISMISSED
3
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