US v. Angela Walker
Filing
UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion for transcript at government expense [1000104917-2]. A certificate of appealability is denied. Originating case number: 3:13-cr-00200-REP-DJN-1, 3:15-cv-00522-REP-DJN. Copies to all parties and the district court/agency [1000163299]. Mailed to: Angela Walker. [17-6658]
Appeal: 17-6658
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Filed: 09/28/2017
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 17-6658
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
ANGELA WALKER, a/k/a Angie, a/k/a Angel,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern District of Virginia, at
Richmond. Robert E. Payne, Senior District Judge. (3:13-cr-00200-REP-DJN-1; 3:15cv-00522-REP-DJN)
Submitted: September 26, 2017
Decided: September 28, 2017
Before NIEMEYER and TRAXLER, Circuit Judges, and HAMILTON, Senior Circuit
Judge.
Dismissed by unpublished per curiam opinion.
Angela Walker, Appellant Pro Se. Peter Sinclair Duffey, Assistant United States
Attorney, Richmond, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
Appeal: 17-6658
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Filed: 09/28/2017
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PER CURIAM:
Angela Walker seeks to appeal the district court’s order denying relief on her
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 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 Walker has not
made the requisite showing. Accordingly, we deny a certificate of appealability and
dismiss the appeal. We deny Walker’s motion for transcripts at government expense.
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
2
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