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    United States v. Travis Sarvis, 4th Cir. (2012)

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    This document summarizes a United States Court of Appeals for the Fourth Circuit case. The court dismissed Travis Lequinn Sarvis's appeal of the district court's order dismissing his 28 U.S.C. § 2255 motion as untimely. The court will not issue a certificate of appealability absent a substantial showing that a constitutional right has been denied. The court independently reviewed the record and determined Sarvis did not make this requisite showing. Therefore, the court denied a certificate of appealability and dismissed the appeal.

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    United States v. Travis Sarvis, 4th Cir. (2012)

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    Scribd Government Docs
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    This document summarizes a United States Court of Appeals for the Fourth Circuit case. The court dismissed Travis Lequinn Sarvis's appeal of the district court's order dismissing his 28 U.S.C. § 2255 motion as untimely. The court will not issue a certificate of appealability absent a substantial showing that a constitutional right has been denied. The court independently reviewed the record and determined Sarvis did not make this requisite showing. Therefore, the court denied a certificate of appealability and dismissed the appeal.

    Original Description:

    Filed: 2012-08-20 Precedential Status: Non-Precedential Docket: 12-6443

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    This document summarizes a United States Court of Appeals for the Fourth Circuit case. The court dismissed Travis Lequinn Sarvis's appeal of the district court's order dismissing his 28 U.S.C. § 2255 motion as untimely. The court will not issue a certificate of appealability absent a substantial showing that a constitutional right has been denied. The court independently reviewed the record and determined Sarvis did not make this requisite showing. Therefore, the court denied a certificate of appealability and dismissed the appeal.

    Copyright:

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

    United States v. Travis Sarvis, 4th Cir. (2012)

    Uploaded by

    Scribd Government Docs
    This document summarizes a United States Court of Appeals for the Fourth Circuit case. The court dismissed Travis Lequinn Sarvis's appeal of the district court's order dismissing his 28 U.S.C. § 2255 motion as untimely. The court will not issue a certificate of appealability absent a substantial showing that a constitutional right has been denied. The court independently reviewed the record and determined Sarvis did not make this requisite showing. Therefore, the court denied a certificate of appealability and dismissed the appeal.

    Copyright:

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    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 12-6443

    UNITED STATES OF AMERICA,


    Plaintiff Appellee,
    v.
    TRAVIS LEQUINN SARVIS,
    Defendant - Appellant.

    Appeal from the United States District Court for the District of
    South Carolina, at Florence.
    Terry L. Wooten, District Judge.
    (4:06-cr-01241-TLW-1; 4:11-cv-70097-TLW)

    Submitted:

    August 16, 2012

    Decided:

    August 20, 2012

    Before KING and THACKER, Circuit Judges, and HAMILTON, Senior


    Circuit Judge.

    Dismissed by unpublished per curiam opinion.

    Travis Lequinn Sarvis, Appellant Pro Se. Alfred William Walker


    Bethea, Jr., Assistant United States Attorney, Colubmia, South
    Carolina, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Travis
    courts

    order

    Lequinn

    Sarvis

    dismissing

    (West Supp. 2012) motion.

    as

    seeks

    to

    appeal

    untimely

    his

    28

    the

    district

    U.S.C.A.

    2255

    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).

    certificate

    of

    appealability will not issue absent a substantial showing of


    the denial of a constitutional right.
    (2006).

    28 U.S.C. 2253(c)(2)

    When the district court denies relief on the merits, a

    prisoner

    satisfies

    this

    jurists

    would

    reasonable

    standard
    find

    by

    that

    demonstrating

    the

    district

    that

    courts

    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).
    denies

    relief

    demonstrate

    on

    both

    procedural

    that

    the

    When the district court

    grounds,

    dispositive

    the

    prisoner

    procedural

    must

    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 Sarvis has not made the requisite showing.

    Accordingly, we

    deny a certificate of appealability and dismiss the appeal.


    dispense

    with

    oral

    argument

    because

    the

    facts

    and

    We

    legal

    contentions are adequately presented in the materials before the


    court and argument would not aid the decisional process.

    DISMISSED

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