US v. Patrick Boyd

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 3:10-cr-00072-MOC-1,3:14-cv-00199-MOC Copies to all parties and the district court/agency. [999607405]. Mailed to: Patrick Boyd. [15-6409]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 15-6409

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
PATRICK JEROME BOYD, a/k/a LD,
Defendant - Appellant.

Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte. Max O. Cogburn, Jr.,
District Judge. (3:10-cr-00072-MOC-1; 3:14-cv-00199-MOC)

Submitted:

June 18, 2015

Decided:

June 23, 2015

Before SHEDD, DUNCAN, and AGEE, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Patrick Jerome Boyd, Appellant Pro Se. Steven R. Kaufman, William
Michael Miller, Assistant United States Attorneys, Charlotte,
North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Patrick Jerome Boyd seeks to appeal the district court’s order
denying relief on his 28 U.S.C. § 2255 (2012) motion.

The order

is not appealable unless a circuit justice or judge issues a
certificate of appealability.

28 U.S.C. § 2253(c)(1)(B) (2012).

A certificate of appealability will not issue absent “a substantial
showing of the denial of a constitutional right.”
§ 2253(c)(2) (2012).

28 U.S.C.

When the district court denies relief on the

merits, a prisoner satisfies this standard by demonstrating that
reasonable jurists would find that the district 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).

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 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
Boyd has not made the requisite showing.

Accordingly, we deny a

certificate of appealability and dismiss the appeal.
with

oral

argument

because

2

the

facts

We dispense
and

legal

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contentions are adequately presented in the materials before this
court and argument would not aid the decisional process.

DISMISSED

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