US v. Brad Hull

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion certificate of appealability (Local Rule 22(a)) [999719661-2] Originating case number: 6:06-cr-00013-NKM-1,6:12-cv-80423-NKM-RSB. Copies to all parties and the district court/agency. [999819486]. Mailed to: Brad Hull. [15-7734]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 15-7734

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
BRAD CHRISTOPHER HULL,
Defendant - Appellant.

Appeal from the United States District Court for the Western
District of Virginia, at Lynchburg.
Norman K. Moon, Senior
District Judge. (6:06-cr-00013-NKM-1; 6:12-cv-80423-NKM-RSB)

Submitted:

April 22, 2016

Decided:

May 11, 2016

Before GREGORY and FLOYD, Circuit Judges, and HAMILTON, Senior
Circuit Judge.

Dismissed by unpublished per curiam opinion.

Brad Christopher Hull, Appellant Pro Se. Craig Jon Jacobsen, I,
Assistant
United
States
Attorney,
Roanoke,
Virginia,
for
Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Brad Christopher Hull seeks to appeal the district court’s
order denying his Fed. R. Civ. P. 59(e) motion and its order
adopting

the

magistrate

judge’s

recommendation

relief on his 28 U.S.C. § 2255 (2012) motion.
not

appealable

unless

a

circuit

certificate of appealability.
A

certificate

of

justice

and

denying

The orders are

or

judge

issues

a

28 U.S.C. § 2253(c)(1)(B) (2012).

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
Hull has not made the requisite showing.

Accordingly, we deny

Hull’s motion for a certificate of appealability and dismiss the
appeal.

We dispense with oral argument because the facts and
2

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legal
before

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contentions
this

court

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are

adequately

and

argument

presented

would

not

in
aid

the
the

materials
decisional

process.
DISMISSED

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