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577 F. App'x 212
4th Cir.
2014

UNITED STATES of America, Plaintiff-Appellee, v. Richol GRINER, Defendant-Appellant.

No. 14-6164.

United States Court of Appeals, Fourth Circuit.

Submitted: June 26, 2014. Decided: July 1, 2014.

212

Richol Griner, Appellant Pro Se. Deborah A. Johnston, Assistant United States Attorney, Molly Elizabeth Thebes, Special Assistant United States Attorney, Thomas Patrick Windom, Office of the United States Attorney, Greenbelt, Maryland; Antonio J. Reynolds, Office of the United States Attorney, Baltimore, Maryland, for Appellee.

Before WILKINSON, KING, and GREGORY, Circuit Judges.

Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Richol Griner 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, 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 Griner 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.

Case Details

Case Name: United States v. Richol Griner
Court Name: Court of Appeals for the Fourth Circuit
Date Published: Jul 1, 2014
Citations: 577 F. App'x 212; 14-6164
Docket Number: 14-6164
Court Abbreviation: 4th Cir.
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