Filed: May 11, 2009
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-7563 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. PHILLIP HENRY BARFIELD, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. James C. Fox, Senior District Judge. (7:01-cr-00035-F-1; 7:04-cv-00142-F) Submitted: April 21, 2009 Decided: May 11, 2009 Before NIEMEYER, MICHAEL, and SHEDD, Circuit Judges. Dismissed by unpublished per curiam opinion. Phi
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-7563 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. PHILLIP HENRY BARFIELD, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. James C. Fox, Senior District Judge. (7:01-cr-00035-F-1; 7:04-cv-00142-F) Submitted: April 21, 2009 Decided: May 11, 2009 Before NIEMEYER, MICHAEL, and SHEDD, Circuit Judges. Dismissed by unpublished per curiam opinion. Phil..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-7563
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
PHILLIP HENRY BARFIELD,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh. James C. Fox, Senior
District Judge. (7:01-cr-00035-F-1; 7:04-cv-00142-F)
Submitted: April 21, 2009 Decided: May 11, 2009
Before NIEMEYER, MICHAEL, and SHEDD, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Phillip Henry Barfield, Appellant Pro Se. Rudolf A.
Renfer, Jr., Assistant United States Attorney, Raleigh, North
Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Phillip Henry Barfield seeks to appeal the district
court’s order denying relief on his 28 U.S.C.A. § 2255 (West
Supp. 2008) motion. The order is not appealable unless a
circuit justice or judge issues a certificate of appealability.
28 U.S.C. § 2253(c)(1) (2006). 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) (2006). A
prisoner satisfies this standard by demonstrating that
reasonable jurists would find that any assessment of the
constitutional claims by the district court is debatable or
wrong and that any dispositive procedural ruling by the district
court is likewise debatable. Miller-El v. Cockrell,
537 U.S.
322, 336-38 (2003); Slack v. McDaniel,
529 U.S. 473, 484 (2000);
Rose v. Lee,
252 F.3d 676, 683-84 (4th Cir. 2001). We have
independently reviewed the record and conclude that Barfield 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 the
court and argument would not aid the decisional process.
DISMISSED
2