US v. Dujuan Farrow, No. 13-6858 (4th Cir. 2013)
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-6858 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. DUJUAN FARROW, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. Robert E. Payne, Senior District Judge. (3:04-cr-00278-REP-2; 3:13-cv-00303-REP) Submitted: October 17, 2013 Decided: October 21, 2013 Before AGEE, DAVIS, and KEENAN, Circuit Judges. Dismissed by unpublished per curiam opinion. Dujuan Farrow, Appellant Pro Se. Michael Ronald Gill, Angela Mastandrea-Miller, Assistant United States Attorneys, Richmond, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Dujuan Farrow seeks to appeal the district court s order treating his motion to correct his conviction and sentence pursuant to 28 U.S.C. § 1651 (2006) as a successive 28 U.S.C.A. § 2255 basis. judge (West Supp. 2013) 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 Farrow has not made the requisite showing. Accordingly, we deny a certificate of appealability, deny Farrow s motion to amend or correct his informal brief, and dismiss the appeal. 2 We dispense with contentions are oral argument adequately because presented in the the facts and legal materials before this court and argument would not aid the decisional process. DISMISSED 3
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