US v. Toby Hunter

Filing

UNPUBLISHED PER CURIAM OPINION filed. Certificate of appealability denied. Originating case number: 3:12-cr-00239-GCM-DCK-6, 3:16-cv-00052-GCM. Copies to all parties and the district court. [999975447]. Mailed to: Toby Hunter. [16-6800]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 16-6800

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
TOBY HUNTER,
Defendant - Appellant.

Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte.
Graham C. Mullen,
Senior District Judge. (3:12-cr-00239-GCM-DCK-6; 3:16-cv-00052GCM)

Submitted:

November 22, 2016

Before DIAZ and
Circuit Judge.

THACKER,

Circuit

Decided:

Judges,

November 28, 2016

and

DAVIS,

Senior

Dismissed by unpublished per curiam opinion.

Toby Hunter, Appellant Pro Se.
Benjamin Bain-Creed, Maria
Kathleen Vento, OFFICE OF THE UNITED STATES ATTORNEY, Charlotte,
North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Toby

Hunter

seeks

to

appeal

the

district

court’s

denying relief on his 28 U.S.C. § 2255 (2012) motion.

order

The order

is not appealable unless a circuit justice or judge issues a
certificate of appealability.
A

certificate

of

28 U.S.C. § 2253(c)(1)(B) (2012).

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
Hunter has not made the requisite showing.
a

certificate

dispense

with

of

appealability

oral

argument

and

dismiss

because

2

Accordingly, we deny

the

the

appeal.

facts

and

We
legal

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contentions

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are

adequately

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presented

in

the

materials

before

this court and argument would not aid the decisional process.

DISMISSED

3