US v. Troy Campbell

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying updating certificate of appealability status Originating case number: 4:08-cr-01078-RBH-2,4:12-cv-02240-RBH Copies to all parties and the district court/agency. [999029969]. Mailed to: Troy Darnell Campbell. [12-7596]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 12-7596

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
TROY DARNELL CAMPBELL,
Defendant - Appellant.

Appeal from the United States District Court for the District of
South Carolina, at Florence. R. Bryan Harwell, District Judge.
(4:08-cr-01078-RBH-2)

Submitted:

January 22, 2013

Decided: January 25, 2013

Before WILKINSON, NIEMEYER, and THACKER, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Troy Darnell Campbell, Appellant Pro Se. Arthur Bradley Parham,
Assistant United States Attorney, Florence, South Carolina, for
Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Troy
court’s

Darnell

order

Campbell

dismissing

(West Supp. 2012) motion.

as

seeks

to

appeal

untimely

his

28

the

district

U.S.C.A.

§

2255

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

ruling

must
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 Campbell has not made the requisite showing.

Accordingly,

we deny Campbell’s motion for a certificate of appealability and
dismiss the appeal.
We dispense with oral argument because the facts and
legal

contentions

are

adequately
2

presented

in

the

materials

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before

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this

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court

and

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argument

would

not

aid

the

decisional

process.

DISMISSED

3