Filed: Feb. 02, 2012
Latest Update: Feb. 22, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 11-7023 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. LINWOOD COLA PARKER, a/k/a Lenny, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Rebecca Beach Smith, Chief District Judge. (2:07-cr-00068-RBS-JEB-1; 2:10-cv-00497-RBS) Submitted: January 31, 2012 Decided: February 2, 2012 Before NIEMEYER, KING, and GREGORY, Circuit Judges. Dismissed by unpublished
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 11-7023 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. LINWOOD COLA PARKER, a/k/a Lenny, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Rebecca Beach Smith, Chief District Judge. (2:07-cr-00068-RBS-JEB-1; 2:10-cv-00497-RBS) Submitted: January 31, 2012 Decided: February 2, 2012 Before NIEMEYER, KING, and GREGORY, Circuit Judges. Dismissed by unpublished p..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 11-7023
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
LINWOOD COLA PARKER, a/k/a Lenny,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk. Rebecca Beach Smith, Chief
District Judge. (2:07-cr-00068-RBS-JEB-1; 2:10-cv-00497-RBS)
Submitted: January 31, 2012 Decided: February 2, 2012
Before NIEMEYER, KING, and GREGORY, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Linwood Cola Parker, Appellant Pro Se. Gurney Wingate Grant,
II, Assistant United States Attorney, Richmond, Virginia; Darryl
James Mitchell, Assistant United States Attorney, Norfolk,
Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Linwood Cola Parker seeks to appeal the district
court’s orders denying relief on his 28 U.S.C.A. § 2255 (West
Supp. 2011) motion and denying his motion to recuse. The orders
are not appealable unless a circuit justice or judge issues a
certificate of appealability. 28 U.S.C. § 2253(c)(1)(B) (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). 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
2
before the court and argument would not aid the decisional
process.
DISMISSED
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