US v. Travis Friend
Filing
UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying for certificate of appealability Originating case number: 3:99-cr-00201-REP-2,3:12-cv-00645-REP Copies to all parties and the district court/agency. [999074374]. Mailed to: Travis Friend. [12-8080]
Appeal: 12-8080
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 12-8080
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
TRAVIS MCKINNLEY FRIEND,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond.
Robert E. Payne, Senior
District Judge. (3:99-cr-00201-REP-2; 3:12-cv-00645-REP)
Submitted:
March 13, 2013
Decided:
March 28, 2013
Before NIEMEYER, SHEDD, and DAVIS, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Travis McKinnley Friend, Appellant Pro Se.
Brian R. Hood,
OFFICE OF THE UNITED STATES ATTORNEY, Richmond, Virginia, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
Travis McKinnley Friend seeks to appeal the district
court’s order treating his petition as a successive 28 U.S.C.A.
§ 2255
(West
basis.
judge
Supp.
2012)
and
dismissing
it
on
that
The order is not appealable unless a circuit justice or
issues
a
certificate
§ 2253(c)(1)(B) (2006).
issue
motion,
absent
“a
of
28
U.S.C.
A certificate of appealability will not
substantial
constitutional right.”
appealability.
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 Friend 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
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are
adequately
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presented
in
the
materials
before
this court and argument would not aid the decisional process.
DISMISSED
3
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