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

This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit regarding a §2255 motion filed by Jeffrey Bradford.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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71 views3 pages

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

This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit regarding a §2255 motion filed by Jeffrey Bradford.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UNPUBLISHED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Dismissed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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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