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UNPUBLISHED PER CURIAM OPINION filed.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UNPUBLISHED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Dismissed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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