US v. Tyrell Saunder
Filing
UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying for certificate of appealability Originating case number: 4:12-cr-00032-JLK-1,4:14-cv-80771-JLK-RSB Copies to all parties and the district court/agency. [999748886]. Mailed to: Saunders. [15-7471]
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-7471
UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
TYRELL KEONI SAUNDERS, a/k/a Rico, a/k/a Little Red,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of Virginia, at Danville.
Jackson L. Kiser, Senior
District Judge. (4:12-cr-00032-JLK-1; 4:14-cv-80771-JLK-RSB)
Submitted:
January 28, 2016
Before NIEMEYER
Circuit Judge.
and
WYNN,
Decided:
Circuit
Judges,
February 4, 2016
and
DAVIS,
Senior
Dismissed by unpublished per curiam opinion.
Tyrell Keoni Saunders, Appellant Pro Se. Laura Day Rottenborn,
OFFICE OF THE UNITED STATES ATTORNEY, Donald Ray Wolthuis,
Assistant
United
States
Attorney,
Roanoke,
Virginia,
for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
Tyrell Keoni Saunders 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.
satisfies
jurists
would
of
the
v.
McDaniel,
Slack
this
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
Saunders 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
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contentions
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are
adequately
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presented
in
the
materials
before
this court and argument would not aid the decisional process.
DISMISSED
3
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