US v. Linda Tribby
Filing
UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion certificate of appealability (Local Rule 22(a)) [999197823-2]; denying Motion to appoint/assign counsel [999220313-2] Originating case number: 1:11-cr-00106-LO-1,1:12-cv-00637-LO Copies to all parties and the district court/agency. [999303186].. [13-7533]
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-7533
UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
LINDA TRIBBY,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria.
Liam O’Grady, District
Judge. (1:11-cr-00106-LO-1; 1:12-cv-00637-LO)
Submitted:
February 20, 2014
Decided:
February 25, 2014
Before DUNCAN, DIAZ, and FLOYD, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Linda Tribby, Appellant Pro Se. Jasmine Hyejung Yoon, OFFICE OF
THE UNITED STATES ATTORNEY, Alexandria, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
Linda
Tribby
seeks
to
appeal
the
district
court’s
order denying relief on her 28 U.S.C. § 2255 (2012) motion.
The
order is not appealable unless a circuit justice or judge issues
a
certificate
(2012).
of
appealability.
28
U.S.C.
§ 2253(c)(1)(B)
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) (2012).
relief
on
the
demonstrating
district
merits,
that
court’s
debatable
or
a
When the district court denies
prisoner
reasonable
assessment
wrong.
Slack
satisfies
jurists
this
would
of
the
v.
McDaniel,
standard
find
U.S.
that
the
claims
constitutional
529
by
is
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
claim of the denial of a constitutional right.
a
debatable
Slack, 529 U.S.
at 484-85.
We have independently reviewed the record and conclude
that Tribby has not made the requisite showing.
deny
Tribby’s
dismiss
the
motion
for
appeal.
appointment of counsel.
a
We
Accordingly, we
certificate
of
also
Tribby’s
deny
appealability
motion
and
for
We dispense with oral argument because
the facts and legal contentions are adequately presented in the
2
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materials
before
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this
court
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and
argument
would
not
aid
the
decisional process.
DISMISSED
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