US v. Joseph Barnhart

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 3:11-cr-00063-JPB-1,3:12-cv-00138-JPB Copies to all parties and the district court/agency. [999204438]. Mailed to: Barnhart. [13-6513]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 13-6513

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JOSEPH GRANT BARNHART,
Defendant - Appellant.

Appeal from the United States District Court for the Northern
District of West Virginia, at Martinsburg. John Preston Bailey,
Chief District Judge. (3:11-cr-00063-JPB-1; 3:13-cv-00138-JPB)

Submitted:

September 26, 2013

Decided:

September 30, 2013

Before SHEDD, DUNCAN, and WYNN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Joseph Grant Barnhart, Appellant Pro Se.
Shawn Angus Morgan,
Assistant United States Attorney, Clarksburg, West Virginia, for
Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Joseph
court’s

order

recommendation

Grant

Barnhart

adopting
and

the

denying

(West Supp. 2013) motion.

seeks

to

appeal

magistrate

relief

on

the

judge’s

his

28

district

report

U.S.C.A.

and

§ 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

must

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 Barnhart has not made the requisite showing.

Accordingly,

we deny a certificate of appealability and dismiss the appeal.
We

dispense

with

oral

argument

2

because

the

facts

and

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