US v. Richard Bernard

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--updating certificate of appealability status Originating case number: 3:03-cr-00420-JRS-3,3:13-cv-00042-JRS Copies to all parties and the district court/agency. [999735007]. Mailed to: Richard Dwight Bernard. [15-7116]

Appeal: 15-7116

Doc: 12

Filed: 01/13/2016

Pg: 1 of 3

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 15-7116

UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
RICHARD DWIGHT BERNARD,
Defendant - Appellant.

Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond.
James R. Spencer, Senior
District Judge. (3:03-cr-00420-JRS-3; 3:13-cv-00042-JRS)

Submitted:

December 22, 2015

Decided:

January 13, 2016

Before MOTZ and KEENAN, Circuit Judges, and HAMILTON, Senior
Circuit Judge.

Dismissed by unpublished per curiam opinion.

Richard Dwight Bernard, Appellant Pro Se. Olivia L. Norman,
OFFICE OF THE UNITED STATES ATTORNEY, Richmond, Virginia, for
Appellee.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 15-7116

Doc: 12

Filed: 01/13/2016

Pg: 2 of 3

PER CURIAM:
Richard Dwight Bernard seeks to appeal the district court’s
order

dismissing

successive.
justice

or

his

28

The

order

is

judge

issues

a

U.S.C.
not

§ 2255

appealable

certificate

U.S.C. § 2253(c)(1)(B) (2012).

(2012)

of

motion

unless

a

as

circuit

appealability.

28

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 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

Cockrell,

(2000);

(2003).

see

Miller-El

v.

537

U.S.

322,

336-38

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
Bernard has not made the requisite showing.

Accordingly, we

deny a certificate of appealability and dismiss the appeal.
dispense

with

oral

argument

because

2

the

facts

and

We

legal

Appeal: 15-7116

Doc: 12

contentions

are

Filed: 01/13/2016

adequately

Pg: 3 of 3

presented

in

the

materials

before

this court and argument would not aid the decisional process.

DISMISSED

3