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    United States v. Jeffrey Bradford, 4th Cir. (2012)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit regarding a §2255 motion filed by Jeffrey Bradford. The district court had dismissed Bradford's §2255 motion as untimely. The appellate court independently reviewed the record and denied Bradford a certificate of appealability, concluding he had not shown that reasonable jurists would find the district court's ruling debatable or wrong. As such, the appellate court dismissed Bradford's appeal of the district court's dismissal of his untimely §2255 motion.

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    United States v. Jeffrey Bradford, 4th Cir. (2012)

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    Scribd Government Docs
    36 views3 pages
    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit regarding a §2255 motion filed by Jeffrey Bradford. The district court had dismissed Bradford's §2255 motion as untimely. The appellate court independently reviewed the record and denied Bradford a certificate of appealability, concluding he had not shown that reasonable jurists would find the district court's ruling debatable or wrong. As such, the appellate court dismissed Bradford's appeal of the district court's dismissal of his untimely §2255 motion.

    Original Description:

    Filed: 2012-07-13 Precedential Status: Non-Precedential Docket: 12-6664

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit regarding a §2255 motion filed by Jeffrey Bradford. The district court had dismissed Bradford's §2255 motion as untimely. The appellate court independently reviewed the record and denied Bradford a certificate of appealability, concluding he had not shown that reasonable jurists would find the district court's ruling debatable or wrong. As such, the appellate court dismissed Bradford's appeal of the district court's dismissal of his untimely §2255 motion.

    Copyright:

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

    United States v. Jeffrey Bradford, 4th Cir. (2012)

    Uploaded by

    Scribd Government Docs
    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit regarding a §2255 motion filed by Jeffrey Bradford. The district court had dismissed Bradford's §2255 motion as untimely. The appellate court independently reviewed the record and denied Bradford a certificate of appealability, concluding he had not shown that reasonable jurists would find the district court's ruling debatable or wrong. As such, the appellate court dismissed Bradford's appeal of the district court's dismissal of his untimely §2255 motion.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 12-6664

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    v.
    JEFFREY BRADFORD,
    Defendant - Appellant.

    Appeal from the United States District Court for the Eastern
    District of North Carolina, at Raleigh.
    Terrence W. Boyle,
    District Judge. (5:01-cr-00128-BO-1; 5:10-cv-00598-BO)

    Submitted:

    July 9, 2012

    Decided:

    July 13, 2012

    Before KING, SHEDD, and DAVIS, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Jeffrey Bradford, Appellant Pro Se.


    Jennifer P. May-Parker,
    Assistant United States Attorney, Michael Gordon James, OFFICE
    OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for
    Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Jeffrey Bradford seeks to appeal the district courts
    order dismissing as untimely his 28 U.S.C.A. 2255 (West Supp.
    2012) motion.
    justice

    or

    The order is not appealable unless a circuit

    judge

    issues

    certificate

    U.S.C. 2253(c)(1)(B) (2006).

    of

    appealability.

    28

    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 prisoner satisfies


    this

    standard

    by

    demonstrating

    that

    reasonable

    jurists

    would

    find that the district courts 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 Bradford has not made the requisite showing.

    Accordingly,

    we 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

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