United States v. Tremayne Lynch
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UNPUBLISHED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Dismissed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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. § 2255motion. 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- Unpublished