DocketNumber: No. 12-6638
Citation Numbers: 486 F. App'x 363
Judges: Agee, Gregory, King
Filed Date: 10/31/2012
Status: Precedential
Modified Date: 11/25/2022
Dismissed by unpublished PER CURIAM opinion.
Unpublished opinions are not binding precedent in this circuit.
Donald Chaney seeks to appeal the district court’s order denying relief on his 28 U.S.C.A. § 2255 (West Supp.2012) motion. The order is not appealable unless a circuit justice or judge issues a certificate of ap-pealability. 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
We have independently reviewed the record and conclude that Chaney has not made the requisite showing. Accordingly, we deny the motion to hold the case in abeyance, 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 the court and argument would not aid the decisional process.
DISMISSED.