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    This document summarizes a United States Court of Appeals case in which Carroll Edgar Blevins sought to appeal the district court's denial of his 28 U.S.C.A. § 2255 motion. The court dismissed the appeal, finding that Blevins did not make the requisite showing to obtain a certificate of appealability, which is required to appeal the denial of a § 2255 motion. Specifically, the court independently reviewed the record and concluded that Blevins did not demonstrate that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong. Therefore, the court denied a certificate of appealability and dismissed the appeal.

    Original Description:

    Filed: 2011-10-05 Precedential Status: Non-Precedential Docket: 11-6664

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    This document summarizes a United States Court of Appeals case in which Carroll Edgar Blevins sought to appeal the district court's denial of his 28 U.S.C.A. § 2255 motion. The court dismissed the appeal, finding that Blevins did not make the requisite showing to obtain a certificate of appealability, which is required to appeal the denial of a § 2255 motion. Specifically, the court independently reviewed the record and concluded that Blevins did not demonstrate that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong. Therefore, the court denied a certificate of appealability and dismissed the appeal.

    Copyright:

    Public Domain
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    1 views3 pages

    United States v. Carroll Blevins, 4th Cir. (2011)

    Uploaded by

    Scribd Government Docs
    This document summarizes a United States Court of Appeals case in which Carroll Edgar Blevins sought to appeal the district court's denial of his 28 U.S.C.A. § 2255 motion. The court dismissed the appeal, finding that Blevins did not make the requisite showing to obtain a certificate of appealability, which is required to appeal the denial of a § 2255 motion. Specifically, the court independently reviewed the record and concluded that Blevins did not demonstrate that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong. Therefore, the court denied 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. 11-6664

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    v.
    CARROLL EDGAR BLEVINS,
    Defendant Appellant.

    Appeal from the United States District Court for the Western
    District of Virginia, at Abingdon.
    James P. Jones, District
    Judge. (1:06-cr-00016-jpj-1; 1:08-cv-80080-jpj-mfu)

    Submitted:

    September 29, 2011

    Decided:

    October 5, 2011

    Before KING, GREGORY, and DUNCAN, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Carroll Edgar Blevins, Appellant Pro Se. Jennifer R. Bockhorst,


    Assistant United States Attorney, Abingdon, Virginia, for
    Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Carroll

    Edgar

    Blevins

    seeks

    to

    appeal

    the

    district

    courts order denying relief on his 28 U.S.C.A. 2255 (West


    Supp.

    2011)

    motion.

    The

    order

    is

    not

    appealable

    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.
    We

    have

    independently

    reviewed

    the

    Slack, 529 U.S. at 484-85.


    record

    Blevins has not made the requisite showing.

    and

    conclude

    that

    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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