US v. Brent Gardner
UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 5:05-cr-01156-MBS-1,5:12-cv-03312-MBS Copies to all parties and the district court/agency. . Mailed to: B. Gardner. [15-6089]
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UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
Defendant - Appellant.
Appeal from the United States District Court for the District of
South Carolina, at Orangeburg. Margaret B. Seymour, Senior
District Judge. (5:05-cr-01156-MBS-1; 5:12-cv-03312-MBS)
May 19, 2015
Decided: May 21, 2015
Before NIEMEYER and HARRIS, Circuit Judges, and DAVIS, Senior
Dismissed by unpublished per curiam opinion.
Brent Gardner, Appellant Pro Se.
Robert Frank Daley, Jr.,
Assistant United States Attorney, Columbia, South Carolina, for
Unpublished opinions are not binding precedent in this circuit.
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Brent Gardner seeks to appeal the district court’s order
dismissing as untimely 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
Gardner 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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