US v. Naarl Richard


UNPUBLISHED PER CURIAM OPINION filed. Originating case numbers: 2:09-cr-00992-PMD-1, 2:14-cv-02792-PMD. Copies to all parties and the district court. [999920664]. Mailed to: Appellant. [16-6189]

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Appeal: 16-6189 Doc: 8 Filed: 08/31/2016 Pg: 1 of 3 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-6189 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. NAARL JOSEPH RICHARD, a/k/a Noel H. Richard, a/k/a Richard Earl, a/k/a Richard Narrl, Defendant - Appellant. Appeal from the United States District Court for the District of South Carolina, at Charleston. Patrick Michael Duffy, Senior District Judge. (2:09-cr-00992-PMD-1; 2:14-cv-02792-PMD) Submitted: August 25, 2016 Decided: August 31, 2016 Before TRAXLER and KING, Circuit Judges, and HAMILTON, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Naarl Joseph Richard, Appellant Pro Se. Nathan S. Williams, Assistant United States Attorney, Charleston, South Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. Appeal: 16-6189 Doc: 8 Filed: 08/31/2016 Pg: 2 of 3 PER CURIAM: Naarl Joseph Richard 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 (2012). of appealability. 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.” 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. satisfies jurists would of the v. McDaniel, Slack this 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 Richard has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the appeal. dispense with oral argument because 2 the facts and We legal Appeal: 16-6189 Doc: 8 contentions Filed: 08/31/2016 are adequately Pg: 3 of 3 presented in the materials before this court and argument would not aid the decisional process. DISMISSED 3

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