Filed: Mar. 21, 2017
Latest Update: Mar. 03, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-7460 UNITED STATES OF AMERICA, Plaintiff – Appellee, v. STEVEN VERNARD PARKER, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Raymond A. Jackson, District Judge. (2:13-cr-00090-RAJ-TEM-1; 2:16-cv- 00326-RAJ) Submitted: February 17, 2017 Decided: March 21, 2017 Before GREGORY, Chief Judge, and DUNCAN and HARRIS, Circuit Judges. Dismissed by unpublished pe
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-7460 UNITED STATES OF AMERICA, Plaintiff – Appellee, v. STEVEN VERNARD PARKER, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Raymond A. Jackson, District Judge. (2:13-cr-00090-RAJ-TEM-1; 2:16-cv- 00326-RAJ) Submitted: February 17, 2017 Decided: March 21, 2017 Before GREGORY, Chief Judge, and DUNCAN and HARRIS, Circuit Judges. Dismissed by unpublished per..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 16-7460
UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
STEVEN VERNARD PARKER,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern District of Virginia, at
Norfolk. Raymond A. Jackson, District Judge. (2:13-cr-00090-RAJ-TEM-1; 2:16-cv-
00326-RAJ)
Submitted: February 17, 2017 Decided: March 21, 2017
Before GREGORY, Chief Judge, and DUNCAN and HARRIS, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Steven Vernard Parker, Appellant Pro Se. V. Kathleen Dougherty, OFFICE OF THE
UNITED STATES ATTORNEY, Norfolk, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Steven Vernard Parker 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 Parker 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
2