US v. Eric Byer

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to clarify [999594585-2], updating certificate of appealability status Originating case number: 2:02-cr-00077-RBS-1,2:15-cv-00072-RBS Copies to all parties and the district court/agency. [999651616]. Mailed to: Eric Mario Byers FCI ALLENWOOD-LOW FEDERAL CORRECTIONAL INSTITUTION P. O. Box 1000 White Deer, PA 17887-0000. [15-6588]

Appeal: 15-6588

Doc: 20

Filed: 09/01/2015

Pg: 1 of 3

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 15-6588

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
ERIC MARIO BYERS,
Defendant - Appellant.

Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk.
Rebecca Beach Smith,
Chief
District Judge. (2:02-cr-00077-RBS-1; 2:15-cv-00072-RBS)

Submitted:

August 27, 2015

Decided:

September 1, 2015

Before GREGORY, AGEE, and THACKER, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Eric Mario Byers, Appellant Pro Se.
William David Muhr,
Assistant United
States
Attorney,
Norfolk,
Virginia,
for
Appellee.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 15-6588

Doc: 20

Filed: 09/01/2015

Pg: 2 of 3

PER CURIAM:
Eric Mario Byers 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.
A

certificate

of

28 U.S.C. § 2253(c)(1)(B) (2012).

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

merits,

demonstrating
district

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
Byers has not made the requisite showing.
a

certificate

of

appealability,

clarification, and dismiss the appeal.

Accordingly, we deny

deny

the

motion

for

We dispense with oral

argument because the facts and legal contentions are adequately

2

Appeal: 15-6588

Doc: 20

Filed: 09/01/2015

Pg: 3 of 3

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

DISMISSED

3