US v. Randell Harri
Filing
UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 3:94-cr-00012-MOC-2,3:15-cv-00304-MOC Copies to all parties and the district court/agency. [1000007266].. [16-7569]
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 16-7569
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
RANDELL BRICE HARRIS, a/k/a Randall Brice Harris,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte. Max O. Cogburn, Jr.,
District Judge. (3:94-cr-00012-MOC-2; 3:15-cv-00304-MOC)
Submitted:
January 17, 2017
Decided:
January 20, 2017
Before NIEMEYER, TRAXLER, and KING, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Randell Brice Harris, Appellant Pro Se.
Elizabeth Margaret
Greenough, 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Unpublished opinions are not binding precedent in this circuit.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:
Randell Brice Harris seeks to appeal the district court’s
order and judgment denying relief on his 28 U.S.C. § 2255 (2012)
motion.
judge
The order is not appealable unless a circuit justice or
issues
a
certificate
§ 2253(c)(1)(B) (2012).
issue
absent
“a
of
28
U.S.C.
A certificate of appealability will not
substantial
constitutional right.”
appealability.
showing
of
the
denial
28 U.S.C. § 2253(c)(2) (2012).
of
a
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
Cockrell,
(2000);
(2003).
see
Miller-El
v.
537
U.S.
322,
336-38
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
Harris 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
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