US v. Tyrell Saunder
UNPUBLISHED PER CURIAM OPINION filed.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. . Mailed to: Saunders. [15-7471]
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UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff – Appellee,
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)
January 28, 2016
February 4, 2016
Dismissed by unpublished per curiam opinion.
Tyrell Keoni Saunders, Appellant Pro Se. Laura Day Rottenborn,
OFFICE OF THE UNITED STATES ATTORNEY, Donald Ray Wolthuis,
Unpublished opinions are not binding precedent in this circuit.
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Tyrell Keoni Saunders seeks to appeal the district court’s
order denying relief on his 28 U.S.C. § 2255 (2012) motion.
order is not appealable unless a circuit justice or judge issues
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
(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
claim of the denial of a constitutional right.
Slack, 529 U.S.
We have independently reviewed the record and conclude that
Saunders has not made the requisite showing.
deny a certificate of appealability and dismiss the appeal.
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this court and argument would not aid the decisional process.
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