US v. Travis Friend, No. 12-8080 (4th Cir. 2013)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 12-8080 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. TRAVIS MCKINNLEY FRIEND, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. Robert E. Payne, Senior District Judge. (3:99-cr-00201-REP-2; 3:12-cv-00645-REP) Submitted: March 13, 2013 Decided: March 28, 2013 Before NIEMEYER, SHEDD, and DAVIS, Circuit Judges. Dismissed by unpublished per curiam opinion. Travis McKinnley Friend, Appellant Pro Se. Brian R. Hood, OFFICE OF THE UNITED STATES ATTORNEY, Richmond, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Travis McKinnley Friend seeks to appeal the district court s order treating his petition as a successive 28 U.S.C.A. § 2255 (West basis. judge Supp. 2012) and dismissing it on that The order is not appealable unless a circuit justice or issues a certificate § 2253(c)(1)(B) (2006). issue motion, absent a of 28 U.S.C. A certificate of appealability will not substantial constitutional right. appealability. showing of the denial 28 U.S.C. § 2253(c)(2) (2006). of a 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 Cockrell, (2000); (2003). see Miller-El v. 537 U.S. 322, 336-38 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 Friend has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the appeal. dispense with oral argument because 2 the facts and We legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process. DISMISSED 3