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United States v. Robert Paris
683 F. App'x 235
| 4th Cir. | 2017
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*1 Before TRAXLER and WYNN, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Robert Maurice Paris, Appellant Pro Se. Darryl James Mitchell, Assistant United States Attorney, Norfolk, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Robert Maurice Paris seeks to appeal the district court’s order dismissing as untimely 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 Paris has not made the requisite showing in light of the Supreme Court’s recent decision in Beckles v. United States , __ S. Ct. __, No. 15-8544, 2017 WL 855781 (U.S. Mar. 6, 2017). Accordingly, although we grant Paris’ motion to file a supplemental informal brief, 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

2

Case Details

Case Name: United States v. Robert Paris
Court Name: Court of Appeals for the Fourth Circuit
Date Published: Apr 3, 2017
Citation: 683 F. App'x 235
Docket Number: 16-7043
Court Abbreviation: 4th Cir.
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