US v. Samuel Kerr, II
UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to proceed in forma pauperis (FRAP 24) [999851900-2] Originating case number: 5:08-cr-00302-F-1,5:14-cv-00262-F Copies to all parties and the district court/agency. . Mailed to: Samuel Kerr. [16-6641]
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UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
SAMUEL KEITH KERR, II,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh.
James C. Fox, Senior
District Judge. (5:08-cr-00302-F-1; 5:14-cv-00262-F)
January 9, 2017
January 26, 2017
Before GREGORY, Chief Judge, THACKER, Circuit Judge, and DAVIS,
Senior Circuit Judge.
Dismissed by unpublished per curiam opinion.
Samuel Keith Kerr, II, Appellant Pro Se.
Ethan A. Ontjes,
Assistant United States Attorney, Seth Morgan Wood, OFFICE OF
THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for
Unpublished opinions are not binding precedent in this circuit.
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Samuel Keith Kerr, II, seeks to appeal the district court’s
order denying relief on his 28 U.S.C. § 2255 (2012) motion.
order is not appealable unless a circuit justice or judge issues
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).
When the district court denies
(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
claim of the denial of a constitutional right.
Slack, 529 U.S.
We have independently reviewed the record and conclude that
Kerr has not made the requisite showing.
Accordingly, we deny a
certificate of appealability, deny leave to proceed in forma
argument because the facts and legal contentions are adequately
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presented in the materials before this court and argument would
not aid the decisional process.
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