US v. Ernest Darcus, Jr.
UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion. A certificate of appealability is denied. Originating case number: 3:07-cr-00418-REP-RCY-1, 3:12-cv-00840-REP-RCY. Copies to all parties and the district court/agency . Mailed to: Ernest Carl Darcus, Jr. [15-7886]
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UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff – Appellee,
ERNEST CARL DARCUS, JR.,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond.
Robert E. Payne, Senior
September 29, 2016
October 3, 2016
Before SHEDD, KEENAN, and HARRIS, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Mastandrea-Miller, Assistant United States Attorney, Richmond,
Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
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§ 2253(c)(1)(B) (2012).
A certificate of appealability will not
The order is not appealable unless a circuit justice or
28 U.S.C. § 2253(c)(2) (2012).
district court denies relief on the merits, a prisoner satisfies
find that the district court’s assessment of the constitutional
claims is debatable or wrong.
Slack v. McDaniel, 529 U.S. 473,
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 a
debatable claim of the denial of a constitutional right.
529 U.S. at 484-85.
We have independently reviewed the record and conclude that
Darcus has not made the requisite showing.
Accordingly, we deny
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this court and argument would not aid the decisional process.
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