US v. Darrence Covington
Filing
UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 5:07-cr-00125-FL-1, 5:09-cv-00565-FL. Copies to all parties and the district court/agency [999766178]. Mailed to: Darrence Termaine Covington. [15-7828]
Appeal: 15-7828
Doc: 7
Filed: 03/02/2016
Pg: 1 of 2
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-7828
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
DARRENCE TERMAINE COVINGTON,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh.
Louise W. Flanagan,
District Judge. (5:07-cr-00125-FL-1; 5:09-cv-00565-FL)
Submitted:
February 25, 2016
Decided:
March 2, 2016
Before SHEDD and HARRIS, Circuit Judges, and DAVIS, Senior Circuit
Judge.
Dismissed by unpublished per curiam opinion.
Darrence Termaine Covington, Appellant Pro Se. Ethan A. Ontjes,
Assistant United States Attorney, Seth Morgan Wood, OFFICE OF THE
UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
Appeal: 15-7828
Doc: 7
Filed: 03/02/2016
Pg: 2 of 2
PER CURIAM:
Darrence Termaine Covington 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 of appealability.
(2012).
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.”
U.S.C. § 2253(c)(2) (2012).
28
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 (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
constitutional right.
a
debatable
claim
of
the
denial
of
a
Slack, 529 U.S. at 484-85.
We have independently reviewed the record and conclude that
Covington has not made the requisite showing.
Accordingly, we
deny a certificate of appealability and dismiss the appeal.
We
dispense with oral argument because the facts and legal contentions
are adequately presented in the materials before this court and
argument would not aid the decisional process.
DISMISSED
2
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