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United States v. Kenneth Timmons
671 F. App'x 172
4th Cir.
2016
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*1 Before GREGORY, Chief Judge, and MOTZ and KING, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Kenneth ONeal Timmons, Appellant Pro Se. Stanley D. Ragsdale, John David Rowell, William Kenneth Witherspoon, Assistant United States Attorneys, Columbia, South Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit. *2 PER CURIAM:

Kenneth ONeal Timmons 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. 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 Timmons has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the appeal. We also deny Timmons’ motions for appointment of counsel and a transcript at government expense. We dispense with oral argument because the facts and legal contentions are adequately presented in the *3 materials before this court and argument would not aid the decisional process.

DISMISSED

Case Details

Case Name: United States v. Kenneth Timmons
Court Name: Court of Appeals for the Fourth Circuit
Date Published: Dec 16, 2016
Citation: 671 F. App'x 172
Docket Number: 16-6742
Court Abbreviation: 4th Cir.
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