US v. Terry Barba

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 8:06-cr-00131-RWT-3,8:09-cv-01718-RWT Copies to all parties and the district court/agency. [999053246]. Mailed to: Terry Barba. [12-7785]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 12-7785

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
TERRY BARBA, a/k/a Tabir,
Defendant - Appellant.

Appeal from the United States District Court for the District of
Maryland, at Greenbelt. Roger W. Titus, District Judge. (8:06cr-00131-RWT-3; 8:09-cv-01718-RWT)

Submitted:

February 26, 2013

Decided:

February 28, 2013

Before MOTZ, WYNN, and DIAZ, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Terry Barba, Appellant Pro Se.
James Andrew Crowell,
Assistant United States Attorney, Greenbelt, Maryland,
Appellee.

IV,
for

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Terry Barba seeks to appeal the district court’s order
denying

relief

motion.

The order is not appealable unless a circuit justice or

judge

issues

on

a

his

absent

U.S.C.A.

certificate

§ 2253(c)(1)(B) (2006).
issue

28

“a

of

(West

Supp.

appealability.

28

2012)

U.S.C.

A certificate of appealability will not

substantial

constitutional right.”

§ 2255

showing

of

the

denial

28 U.S.C. § 2253(c)(2) (2006).

of

a

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 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 Barba 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

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adequately

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presented

in

the

materials

before

this court and argument would not aid the decisional process.
DISMISSED

3