US v. Larry Fridie

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case numbers: 8:09-cr-00564-HMH-1, 8:16-cv-02015-HMH. Copies to all parties and the district court. [1000055326]. Mailed to: Appellant. [16-7093]

Appeal: 16-7093

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Filed: 04/04/2017

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 16-7093

UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
LARRY ANTRON FRIDIE,
Defendant - Appellant.

Appeal from the United States District Court for the District of South Carolina, at
Anderson. Henry M. Herlong, Jr., Senior District Judge. (8:09-cr-00564-HMH-1;
8:16-cv-02015-HMH)

Submitted: March 23, 2017

Decided: April 4, 2017

Before NIEMEYER, SHEDD, and HARRIS, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Larry Antron Fridie, Appellant Pro Se. Alan Lance Crick, Assistant United States
Attorney, Greenville, South Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 16-7093

Doc: 12

Filed: 04/04/2017

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PER CURIAM:
Larry Antron Fridie seeks to appeal the district court’s orders denying relief on his
28 U.S.C. § 2255 (2012) motion and denying his motion for reconsideration. The orders
are 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.” 28 U.S.C. § 2253(c)(2)
(2012). 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 Fridie 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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