US v. Robert Ford
Filing
UNPUBLISHED PER CURIAM OPINION filed. A certificate of appealability is denied. Originating case number: 2:10-cr-00083-AWA-FBS-1, 2:13-cv-00534-AWA. Copies to all parties and the district court/agency [999986510]. [16-6680]
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 16-6680
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
ROBERT GLENN FORD,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk.
Arenda L. Wright Allen,
District Judge. (2:10-cr-00083-AWA-FBS-1; 2:13-cv-00534-AWA)
Submitted:
November 30, 2016
Decided:
December 14, 2016
Before WILKINSON and KEENAN, Circuit Judges, and DAVIS, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
William Mallory Kent, LAW OFFICE OF WILLIAM MALLORY KENT,
Jacksonville, Florida, for Appellant.
Melissa Elaine O’Boyle,
Alan Mark Salsbury, Assistant United States Attorneys, Norfolk,
Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
Robert
Glenn
Ford
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
merits,
demonstrating
district
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
Ford has not made the requisite showing.
certificate
dispense
of
with
appealability
oral
argument
and
dismiss
because
2
Accordingly, we deny a
the
the
appeal.
facts
and
We
legal
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contentions
are
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adequately
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presented
in
the
materials
before
this court and argument would not aid the decisional process.
DISMISSED
3
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