US v. Larry Frazier

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to proceed in forma pauperis (FRAP 24) [999004235-2]. Originating case number: 3:06-cr-00087-RJC-1,3:09-cv-00416-RJC. Copies to all parties and the district court/agency. [999096688]. Mailed to: Larry Frazier. [12-8039]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 12-8039

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
LARRY DUNLAP FRAZIER,
Defendant - Appellant.

Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte.
Robert J. Conrad,
Jr., Chief District Judge. (3:06-cr-00087-RJC-1; 3:09-cv-00416RJC)

Submitted:

April 25, 2013

Before AGEE and
Circuit Judge.

WYNN,

Circuit

Decided: April 29, 2013

Judges,

and

HAMILTON,

Senior

Dismissed by unpublished per curiam opinion.

Larry Dunlap Frazier, Appellant Pro Se.
Keith Michael Cave,
OFFICE OF THE UNITED STATES ATTORNEY, Charlotte, North Carolina,
Amy Elizabeth Ray, Assistant United States Attorney, Asheville,
North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Larry

Dunlap

Frazier

seeks

to

appeal

the

district

court’s order denying relief on his 28 U.S.C.A. § 2255 (West
Supp.

2012)

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).

When the district court denies relief on the merits, a

prisoner

satisfies

this

reasonable

jurists

would

assessment

of

constitutional

wrong.

28 U.S.C. § 2253(c)(2)

the

standard
find

by

that

demonstrating

the

claims

district
is

that

court’s

debatable

or

Slack v. McDaniel, 529 U.S. 473, 484 (2000); see Miller-

El v. Cockrell, 537 U.S. 322, 336-38 (2003).

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 Frazier has not made the requisite showing.

Accordingly,

we deny a certificate of appealability, deny leave to proceed in
forma pauperis, and dismiss the appeal.

We dispense with oral

argument because the facts and legal contentions are adequately

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presented in the materials before this court and argument would
not aid the decisional process.

DISMISSED

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