US v. Travis Friend

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 3:99-cr-00201-REP-2,3:15-cv-00267-REP Copies to all parties and the district court/agency. [999680298]. Mailed to: Friend. [15-6884]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 15-6884

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
TRAVIS MCKINNLEY FRIEND,
Defendant - Appellant.

Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond.
Robert E. Payne, Senior
District Judge. (3:99-cr-00201-REP-2; 3:15-cv-00267-REP)

Submitted:

October 7, 2015

Decided:

October 19, 2015

Before NIEMEYER and SHEDD, Circuit Judges, and DAVIS, Senior
Circuit Judge.

Dismissed by unpublished per curiam opinion.

Travis McKinnley Friend, Appellant Pro Se.
Brian R. Hood,
OFFICE OF THE UNITED STATES ATTORNEY, Richmond, Virginia, for
Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Travis

McKinnley

Friend

seeks

to

appeal

the

district

court’s order dismissing his successive 28 U.S.C. § 2255 (2012)
motion.
judge

The order is not appealable unless a circuit justice or

issues

a

certificate

of

appealability.

See

28

U.S.C.

§ 2253(c)(1)(B) (2012); Jones v. Braxton, 392 F.3d 683, 688 (4th
Cir.

2004).

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
prisoner

the

district

court

satisfies

this

jurists

would

reasonable

denies

relief

standard
find

by

that

on

the

merits,

demonstrating

the

district

a

that

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).
denies

relief

demonstrate

on

both

procedural

that

the

When the district court

grounds,

dispositive

the

prisoner

procedural

must

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
Friend has not made the requisite showing.
a

certificate

dispense

with

of

appealability

oral

argument

and

dismiss

because

2

Accordingly, we deny

the

the

appeal.

facts

and

We
legal

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contentions

are

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adequately

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presented

in

the

materials

before

this court and argument would not aid the decisional process.

DISMISSED

3