Filed: Nov. 24, 2015
Latest Update: Mar. 02, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-7340 UNITED STATES OF AMERICA, Plaintiff – Appellee, and LINDA THOMAS, Warden of FCI-Edgefield, Plaintiff, v. BOBBY ARION DINKINS, Defendant - Appellant. Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Martin K. Reidinger, District Judge. (3:08-cr-00254-MR-1) Submitted: November 19, 2015 Decided: November 24, 2015 Before NIEMEYER, KING, and HARRIS, Circuit Judges. Dismi
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-7340 UNITED STATES OF AMERICA, Plaintiff – Appellee, and LINDA THOMAS, Warden of FCI-Edgefield, Plaintiff, v. BOBBY ARION DINKINS, Defendant - Appellant. Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Martin K. Reidinger, District Judge. (3:08-cr-00254-MR-1) Submitted: November 19, 2015 Decided: November 24, 2015 Before NIEMEYER, KING, and HARRIS, Circuit Judges. Dismis..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-7340
UNITED STATES OF AMERICA,
Plaintiff – Appellee,
and
LINDA THOMAS, Warden of FCI-Edgefield,
Plaintiff,
v.
BOBBY ARION DINKINS,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte. Martin K. Reidinger,
District Judge. (3:08-cr-00254-MR-1)
Submitted: November 19, 2015 Decided: November 24, 2015
Before NIEMEYER, KING, and HARRIS, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Bobby Arion Dinkins, Appellant Pro Se. Dana Owen Washington,
OFFICE OF THE UNITED STATES ATTORNEY, Charlotte, North Carolina,
for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Bobby Arion Dinkins 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)(A) (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 petition 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
Dinkins 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
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this court and argument would not aid the decisional process.
DISMISSED
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