US v. Robert Pernell
UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 3:09-cr-00452-REP-DJN-1,3:15-cv-00723-REP-DJN Copies to all parties and the district court/agency. . Mailed to: Robert Pernell. [17-6104]
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UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
ROBERT LEE PERNELL,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern District of Virginia, at
Richmond. Robert E. Payne, Senior District Judge. (3:09-cr-00452-REP-DJN-1; 3:15cv-00723-REP-DJN)
Submitted: May 30, 2017
Decided: June 7, 2017
Before WILKINSON, TRAXLER, and WYNN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Robert Lee Pernell, Appellant Pro Se. Oliva L. Norman, OFFICE OF THE UNITED
STATES ATTORNEY, Richmond, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
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Robert Lee Pernell, Jr., seeks to appeal the district court’s order dismissing as
untimely his 28 U.S.C. § 2255 (2012) motion. The order is 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 MillerEl 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 Pernell 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.
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