U.S. Court of Appeals for the Fourth Circuit, 2016

United States v. Richard Smith, Jr.

United States v. Richard Smith, Jr.
U.S. Court of Appeals for the Fourth Circuit · Decided October 4, 2016 · Shedd, Keenan, Harris
669 F. App'x 135

United States v. Richard Smith, Jr.

Opinion

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Richard Allen Smith, Jr., seeks to appeal the district court’s order construing *136 Smith’s self-styled “Motion to Compel the Release of Exculpatory Documents” as a 28 U.S.C. § 2255 (2012) motion and denying the motion as successive and without this court’s authorization. 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, 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.

We have independently reviewed the record and conclude that Smith has not made the requisite showing. * Accordingly, we deny Smith’s motion to appoint counsel, 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

*

Moreover, we reject Smith’s invitation to construe his motion to compel as a petition for mandamus.

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