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    United States v. David Barren, 4th Cir. (2015)

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    The United States Court of Appeals for the Fourth Circuit dismissed David Barren's appeal of the district court's denial of his 28 U.S.C. § 2255 motion. The court determined that Barren did not make the requisite showing to receive a certificate of appealability. Specifically, he did not demonstrate that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong. As a result, the court denied Barren's motion for a certificate of appealability and dismissed the appeal.

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    United States v. David Barren, 4th Cir. (2015)

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    The United States Court of Appeals for the Fourth Circuit dismissed David Barren's appeal of the district court's denial of his 28 U.S.C. § 2255 motion. The court determined that Barren did not make the requisite showing to receive a certificate of appealability. Specifically, he did not demonstrate that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong. As a result, the court denied Barren's motion for a certificate of appealability and dismissed the appeal.

    Original Description:

    Filed: 2015-02-18 Precedential Status: Non-Precedential Docket: 14-7436

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    The United States Court of Appeals for the Fourth Circuit dismissed David Barren's appeal of the district court's denial of his 28 U.S.C. § 2255 motion. The court determined that Barren did not make the requisite showing to receive a certificate of appealability. Specifically, he did not demonstrate that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong. As a result, the court denied Barren's motion for a certificate of appealability and dismissed the appeal.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Download as pdf
    11 views3 pages

    United States v. David Barren, 4th Cir. (2015)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit dismissed David Barren's appeal of the district court's denial of his 28 U.S.C. § 2255 motion. The court determined that Barren did not make the requisite showing to receive a certificate of appealability. Specifically, he did not demonstrate that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong. As a result, the court denied Barren's motion for a certificate of appealability and dismissed the appeal.

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    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 14-7436

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    v.
    DAVID BARREN,
    Hutchins,

    a/k/a

    James

    Willie

    Jones,

    a/k/a

    Vincent

    Defendant - Appellant.

    Appeal from the United States District Court for the District of
    Maryland, at Greenbelt.
    Peter J. Messitte, Senior District
    Judge. (8:08-cr-00053-PJM-1; 8:13-cv-01824-PJM)

    Submitted:

    February 12, 2015

    Decided:

    February 18, 2015

    Before MOTZ, WYNN, and FLOYD, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    David Barren, Appellant Pro Se. Richard Charles Kay, Assistant


    United States Attorney, Seema Mittal, Charles Joseph Peters,
    Sr., OFFICE OF THE UNITED STATES ATTORNEY, Baltimore, Maryland,
    for Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    David

    Barren

    seeks

    to

    appeal

    the

    district

    courts

    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

    (2012).

    of

    appealability.

    28

    U.S.C.

    2253(c)(1)(B)

    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).
    relief

    on

    the

    demonstrating
    district

    merits,
    that

    courts

    debatable

    or

    When the district court denies

    prisoner

    reasonable

    assessment

    wrong.

    Slack

    satisfies

    jurists

    this

    would

    of

    the

    v.

    McDaniel,

    standard

    find

    constitutional
    529

    that
    claims

    U.S.

    473,

    by
    the
    is
    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

    claim of the denial of a constitutional right.

    debatable

    Slack, 529 U.S.

    at 484-85.
    We have independently reviewed the record and conclude
    that Barren has not made the requisite showing.
    deny

    Barrens

    motion

    dismiss the appeal.


    facts

    and

    legal

    for

    certificate

    of

    Accordingly, we

    appealability

    and

    We dispense with oral argument because the

    contentions

    are

    adequately

    presented

    in

    the

    materials

    before

    this

    court

    and

    argument

    would

    not

    aid

    the

    decisional process.
    DISMISSED

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