US v. Torrick Johntrelle Rodgers
UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion for leave to file notarized affidavit [1000239929-2]. Originating case number: 4:11-cr-00087-FL-1,4:15-cv-00207-FL. Copies to all parties and the district court/agency. . Mailed to: Torrick Johntrelle Rodgers. [17-7502]
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UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
TORRICK JOHNTRELLE RODGERS, a/k/a Trelle,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern District of North Carolina, at
Greenville. Louise W. Flanagan, District Judge. (4:11-cr-00087-FL-1; 4:15-cv-00207FL)
Submitted: March 30, 2018
Decided: April 13, 2018
Before MOTZ and THACKER, Circuit Judges, and SHEDD, Senior Circuit Judge.
Dismissed by unpublished per curiam opinion.
Torrick Johntrelle Rodgers, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
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Torrick Johntrelle Rodgers seeks to appeal the district court’s order denying relief
on his 28 U.S.C. § 2255 (2012) motion. The order is not appealable unless a circuit
justice or judge issues a certificate of appealability. See 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 Rodgers has not
made the requisite showing. Accordingly, we deny a certificate of appealability, deny the
pending motion, 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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