United States v. Marvin Bradley , 692 F. App'x 165 ( 2017 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 17-6094
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
MARVIN EUGENE BRADLEY, a/k/a Gotti, a/k/a Gene,
Defendant - Appellant.
Appeal from the United States District Court for the District of South Carolina, at
Charleston. Patrick Michael Duffy, Senior District Judge. (2:08-cr-00691-PMD-1; 2:16-
cv-01409-PMD)
Submitted: June 22, 2017 Decided: June 26, 2017
Before GREGORY, Chief Judge, and FLOYD and HARRIS, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Emily Deck Harrill, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Columbia,
South Carolina, for Appellant. Nathan S. Williams, Assistant United States Attorney,
Charleston, South Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Marvin Eugene Bradley 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 Bradley has not
made the requisite showing. Accordingly, we deny Bradley’s motion for 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
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