US v. Nyron Nichol

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion certificate of appealability (Local Rule 22(a)) [999612287-2]; denying Motion to proceed in forma pauperis (FRAP 24) [999605487-2], updating certificate of appealability status Originating case number: 7:07-cr-00006-GEC-1,7:12-cv-80544-GEC-RSB Copies to all parties and the district court/agency. [999693672]. Mailed to: Nyron Joel Nichols UNITED STATES PENITENTIARY LEE P. O. Box 305 Jonesville, VA 24263-0305. [15-6873]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 15-6873

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
NYRON JOEL NICHOLS, a/k/a Red,
Defendant - Appellant.

Appeal from the United States District Court for the Western
District of Virginia, at Roanoke.
Glen E. Conrad, Chief
District Judge. (7:07-cr-00006-GEC-1; 7:12-cv-80544-GEC-RSB)

Submitted:

October 30, 2015

Decided:

November 5, 2015

Before WILKINSON, NIEMEYER, and AGEE, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Nyron Joel Nichols, Appellant Pro Se.
Ronald Andrew Bassford,
Assistant United
States
Attorney,
Roanoke,
Virginia,
for
Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Nyron Joel Nichols 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

(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
Nichols has not made the requisite showing.

Accordingly, we

deny a certificate of appealability, deny leave to proceed in
forma pauperis, and dismiss the appeal.

We dispense with oral

argument because the facts and legal contentions are adequately

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

DISMISSED

3