US v. Chavius Barber
Filing
UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 3:07-cr-00061-FDW-4,3:11-cv-00243-FDW Copies to all parties and the district court/agency. [999138045]. Mailed to: C. Barber. [13-6546]
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-6546
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
CHAVIUS MARQUETTE
a/k/a KD,
BARBER,
a/k/a The
Rock,
a/k/a
Cha-Roc,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte.
Frank D. Whitney,
Chief District Judge. (3:07-cr-00061-FDW-4; 3:11-cv-00243-FDW)
Submitted:
June 20, 2013
Decided:
June 26, 2013
Before GREGORY, DUNCAN, and DAVIS, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Chavius Marquette Barber, Appellant
Assistant United States Attorney,
Dana Owen Washington, Kevin Zolot,
ATTORNEY, Charlotte, North Carolina,
Pro Se.
Amy Elizabeth Ray
Asheville, North Carolina;
OFFICE OF THE UNITED STATES
for Appellee.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
Chavius Marquette Barber appeals the district court’s
order construing
(West
Supp.
his
2012)
motion
motion
as
dismissing it on that basis.
a
circuit
justice
appealability.
to
or
amend
a
his
28
successive
U.S.C.A.
§ 2255
§ 2255
motion,
and
The order is not appealable unless
judge
issues
a
certificate
28 U.S.C. § 2253(c)(1)(B) (2006).
of
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 Barber 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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