Elawyers Elawyers
Washington| Change

United States v. Terry Adams, 18-6440 (2018)

Court: Court of Appeals for the Fourth Circuit Number: 18-6440 Visitors: 40
Filed: Jun. 26, 2018
Latest Update: Mar. 03, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 18-6440 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. TERRY L. ADAMS, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Liam O’Grady, District Judge. (1:11-cr-00064-LO-1; 1:17-cv-00042-LO) Submitted: June 21, 2018 Decided: June 26, 2018 Before DIAZ and HARRIS, Circuit Judges, and SHEDD, Senior Circuit Judge. Dismissed by unpublished per curiam opinion.
More
                                    UNPUBLISHED

                       UNITED STATES COURT OF APPEALS
                           FOR THE FOURTH CIRCUIT


                                      No. 18-6440


UNITED STATES OF AMERICA,

                    Plaintiff - Appellee,

             v.

TERRY L. ADAMS,

                    Defendant - Appellant.



Appeal from the United States District Court for the Eastern District of Virginia, at
Alexandria. Liam O’Grady, District Judge. (1:11-cr-00064-LO-1; 1:17-cv-00042-LO)


Submitted: June 21, 2018                                          Decided: June 26, 2018


Before DIAZ and HARRIS, Circuit Judges, and SHEDD, Senior Circuit Judge.


Dismissed by unpublished per curiam opinion.


Terry L. Adams, Appellant Pro Se.


Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:

       Terry L. Adams seeks to appeal the district court’s order dismissing his 28 U.S.C.

§ 2255 (2012) motion as time-barred. 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 Adams 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

Source:  CourtListener

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer