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    United States v. Bobby Parker, 4th Cir. (2013)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit regarding an appeal by Bobby Ray Parker of the district court's dismissal of his successive §2255 motion. The Fourth Circuit denies Parker's request for a certificate of appealability, finding that he has not made a substantial showing that he was denied a constitutional right. The court dismisses the appeal, concluding that Parker has not shown that the district court's procedural ruling or assessment of his constitutional claims is debatable or wrong.

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    United States v. Bobby Parker, 4th Cir. (2013)

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    13 views3 pages
    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit regarding an appeal by Bobby Ray Parker of the district court's dismissal of his successive §2255 motion. The Fourth Circuit denies Parker's request for a certificate of appealability, finding that he has not made a substantial showing that he was denied a constitutional right. The court dismisses the appeal, concluding that Parker has not shown that the district court's procedural ruling or assessment of his constitutional claims is debatable or wrong.

    Original Description:

    Filed: 2013-11-26 Precedential Status: Non-Precedential Docket: 13-7375

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit regarding an appeal by Bobby Ray Parker of the district court's dismissal of his successive §2255 motion. The Fourth Circuit denies Parker's request for a certificate of appealability, finding that he has not made a substantial showing that he was denied a constitutional right. The court dismisses the appeal, concluding that Parker has not shown that the district court's procedural ruling or assessment of his constitutional claims is debatable or wrong.

    Copyright:

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

    United States v. Bobby Parker, 4th Cir. (2013)

    Uploaded by

    Scribd Government Docs
    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit regarding an appeal by Bobby Ray Parker of the district court's dismissal of his successive §2255 motion. The Fourth Circuit denies Parker's request for a certificate of appealability, finding that he has not made a substantial showing that he was denied a constitutional right. The court dismisses the appeal, concluding that Parker has not shown that the district court's procedural ruling or assessment of his constitutional claims is debatable or wrong.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 13-7375

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    v.
    BOBBY RAY PARKER,
    Defendant - Appellant.

    Appeal from the United States District Court for the Eastern
    District of North Carolina, at Raleigh.
    James C. Fox, Senior
    District Judge. (5:07-cr-00163-F-1; 5:13-cv-00593-F)

    Submitted:

    November 21, 2013

    Decided:

    November 26, 2013

    Before KING, DUNCAN, and DIAZ, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Bobby Ray Parker, Appellant Pro Se. Eric David Goulian, OFFICE
    OF THE UNITED STATES ATTORNEY, Rudolf A. Renfer, Jr., Assistant
    United States Attorney, Raleigh, North Carolina, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Bobby Ray Parker seeks to appeal the district courts
    order

    dismissing

    Supp.

    2013)

    as

    successive

    motion.

    The

    his

    order

    28

    is

    U.S.C.A.

    not

    2255

    appealable

    (West

    unless

    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 Parker 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

    this court and argument would not aid the decisional process.
    DISMISSED

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