United States v. Desmon Barnhill

U.S. Court of Appeals for the Fourth Circuit
United States v. Desmon Barnhill, 593 F. App'x 241 (4th Cir. 2015)
Floyd, Motz, Per Curiam, Wynn

United States v. Desmon Barnhill

Opinion

Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Desmon Terrill Barnhill seeks to appeal the district court’s orders dismissing his 28 U.S.C. § 2255 (2012) motion and denying his Fed.R.Civ.P. 59(e) motion to alter or amend judgment. The orders are not ap-pealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2258(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). 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, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000); see Miller-El v. Cockrell, 537 U.S. 322, 336-38, 123 S.Ct. 1029, 154 L.Ed.2d 931 (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, 120 S.Ct. 1595.

*242 We have independently reviewed the record and conclude that Barnhill 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.

Reference

Full Case Name
UNITED STATES of America, Plaintiff-Appellee, v. Desmon Terrill BARNHILL, A/K/A T.B., A/K/A Terry, Defendant-Appellant
Status
Unpublished