US v. Darnell Haye

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 5:13-cr-00018-D-1,5:15-cv-00232-D Copies to all parties and the district court/agency. [1000054303]. Mailed to: D Hayes. [16-6592]

Appeal: 16-6592

Doc: 16

Filed: 04/03/2017

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 16-6592

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
DARNELL TYRECE HAYES, a/k/a Donnell Hayes,
Defendant - Appellant.

Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh. James C. Dever III, Chief
District Judge. (5:13-cr-00018-D-1; 5:15-cv-00232-D)

Submitted:

March 30, 2017

Decided:

April 3, 2017

Before TRAXLER and WYNN, Circuit Judges, and HAMILTON, Senior
Circuit Judge.

Dismissed by unpublished per curiam opinion.

Sherri Royall Alspaugh, OFFICE OF THE FEDERAL PUBLIC DEFENDER,
Stephen Clayton Gordon, Assistant Federal Public Defender,
Raleigh, North Carolina, for Appellant.
Rudy E. Renfer, Seth
Morgan Wood, Assistant United States Attorneys, Raleigh, North
Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 16-6592

Doc: 16

Filed: 04/03/2017

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PER CURIAM:
Darnell Tyrece Hayes 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.

28 U.S.C. § 2253(c)(1)(B) (2012).

A certificate of appealability will not issue absent “a substantial
showing of the denial of a constitutional right.”
§ 2253(c)(2) (2012).

28 U.S.C.

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 a debatable claim of the denial of a constitutional right.
Slack, 529 U.S. at 484-85.
We have independently reviewed the record and conclude that
Hayes 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
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