United States v. Horace Campbell , 531 F. App'x 307 ( 2013 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-6548
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
HORACE CAMPBELL, a/k/a Squeak, a/k/a Horry,
Defendant - Appellant.
Appeal from the United States District Court for the District of
South Carolina, at Charleston. David C. Norton, District Judge.
(2:04-cr-01046-DCN-2; 2:09-cv-70048-DCN)
Submitted: June 20, 2013 Decided: June 26, 2013
Before GREGORY, DUNCAN, and DAVIS, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Horace Campbell, Appellant Pro Se. Peter Thomas Phillips,
Nathan S. Williams, Assistant United States Attorneys,
Charleston, South Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Horace Campbell seeks to appeal the district court’s
order denying relief on his 28 U.S.C.A. § 2255 (West Supp. 2013)
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) (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 Campbell has not made the requisite showing. Accordingly,
we deny a certificate of appealability, deny Campbell’s motion
to appoint counsel, and dismiss the appeal. We dispense with
oral argument because the facts and legal contentions are
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adequately presented in the materials before this court and
argument would not aid the decisional process.
DISMISSED
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