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UNPUBLISHED PER CURIAM OPINION filed.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]

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Appeal: 15-7828 Doc: 7 Filed: 03/02/2016 Pg: 1 of 2 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-7828 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. DARRENCE TERMAINE COVINGTON, Defendant -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 Dismissed by unpublished per curiam opinion.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 Unpublished opinions are not binding precedent in this circuit.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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