United States v. Tremayne Lynch

U.S. Court of Appeals for the Fourth Circuit

United States v. Tremayne Lynch

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 20-6995

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

TREMAYNE A. LYNCH, a/k/a Paco,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. James C. Dever III, District Judge. (5:13-cr-00255-D-1; 5:15-cv-00519-D)

Submitted: November 20, 2020 Decided: December 3, 2020

Before AGEE, HARRIS, and QUATTLEBAUM, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Tremayne A. Lynch, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Tremayne A. Lynch seeks to appeal the district court’s order denying relief on his

28 U.S.C. § 2255

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). 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 could find the

district court’s assessment of the constitutional claims debatable or wrong. See Buck v.

Davis,

137 S. Ct. 759, 773-74

(2017). 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.

Gonzalez v. Thaler,

565 U.S. 134, 140-41

(2012) (citing Slack v. McDaniel,

529 U.S. 473, 484

(2000)).

We have independently reviewed the record and conclude that Lynch has not made

the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the

appeal. We deny Lynch’s motion to seal all documents in the record. 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

Reference

Status
Unpublished