US v. Jeffrey Frye

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying for certificate of appealability Originating case number: 2:09-cr-00291-DCN-1,2:12-cv-00734-DCN Copies to all parties and the district court/agency. [999051244]. Mailed to: Frye. [12-8117]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 12-8117

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JEFFREY PATRICK FRYE,
Defendant - Appellant.

Appeal from the United States District Court for the District of
South Carolina, at Charleston. David C. Norton, District Judge.
(2:09-cr-00291-DCN-1; 2:12-cv-00734-DCN)

Submitted:

February 21, 2013

Before AGEE and
Circuit Judge.

DAVIS,

Circuit

Decided:

Judges,

and

February 26, 2013

HAMILTON,

Senior

Dismissed by unpublished per curiam opinion.

Jeffrey Patrick Frye, Appellant Pro Se.
Robert Nicholas
Bianchi, OFFICE OF THE UNITED STATES ATTORNEY, Charleston, South
Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Jeffrey
court’s

order

Patrick

denying

Frye

seeks

relief

(West Supp. 2012) motion.

on

to
his

appeal
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.”

28 U.S.C. § 2253(c)(2).

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

constitutional claims is debatable or wrong.

of

the

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

right.

denial

of

a

constitutional

Slack, 529 U.S. at 484-85.
We have independently reviewed the record and conclude

that Frye 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