US v. Christopher Timber
UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 3:10-cr-00170-HEH-21,3:13-cv-00271-HEH Copies to all parties and the district court/agency. . Mailed to: Christopher Timbers FCI ELKTON FEDERAL CORRECTIONAL INSTITUTION P. O. Box 10 Lisbon, OH 44432 Theryn G. Gibbons. [15-6035]
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UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff – Appellee,
CHRISTOPHER TIMBERS, a/k/a Alibi,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond.
Henry E. Hudson, District
Judge. (3:10-cr-00170-HEH-21; 3:13-cv-00271-HEH)
May 18, 2015
June 3, 2015
Before NIEMEYER, KING, and FLOYD, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Christopher Timbers, Appellant Pro Se. Peter Sinclair Duffey,
Gurney Wingate Grant, II, Stephen Wiley Miller, Assistant United
States Attorneys, Theryn G. Gibbons, OFFICE OF THE UNITED STATES
ATTORNEY, Richmond, Virginia; Dennis Michael Fitzpatrick, OFFICE
OF THE UNITED STATES ATTORNEY, Alexandria, Virginia, for
Unpublished opinions are not binding precedent in this circuit.
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Christopher Timbers seeks to appeal the district court’s
order denying relief on his 28 U.S.C. § 2255 (2012) motion.
order is not appealable unless a circuit justice or judge issues
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).
When the district court denies
(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
claim of the denial of a constitutional right.
Slack, 529 U.S.
We have independently reviewed the record and conclude that
Timbers has not made the requisite showing.
deny a certificate of appealability and dismiss the appeal.
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this court and argument would not aid the decisional process.
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