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    United States v. Anthony Trappier, 4th Cir. (2016)

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    The United States Court of Appeals for the Fourth Circuit dismissed Anthony Gene Trappier's appeal of the district court's denial of his 28 U.S.C. § 2255 motion and subsequent denial of his Rule 59(e) motion. The court independently reviewed the record and determined that Trappier did not make a substantial showing of the denial of a constitutional right, which is required to issue a certificate of appealability. As such, the court dismissed Trappier's appeal for lack of jurisdiction.

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    United States v. Anthony Trappier, 4th Cir. (2016)

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    The United States Court of Appeals for the Fourth Circuit dismissed Anthony Gene Trappier's appeal of the district court's denial of his 28 U.S.C. § 2255 motion and subsequent denial of his Rule 59(e) motion. The court independently reviewed the record and determined that Trappier did not make a substantial showing of the denial of a constitutional right, which is required to issue a certificate of appealability. As such, the court dismissed Trappier's appeal for lack of jurisdiction.

    Original Description:

    Filed: 2016-04-26 Precedential Status: Non-Precedential Docket: 15-7997

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    The United States Court of Appeals for the Fourth Circuit dismissed Anthony Gene Trappier's appeal of the district court's denial of his 28 U.S.C. § 2255 motion and subsequent denial of his Rule 59(e) motion. The court independently reviewed the record and determined that Trappier did not make a substantial showing of the denial of a constitutional right, which is required to issue a certificate of appealability. As such, the court dismissed Trappier's appeal for lack of jurisdiction.

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    5 views3 pages

    United States v. Anthony Trappier, 4th Cir. (2016)

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    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit dismissed Anthony Gene Trappier's appeal of the district court's denial of his 28 U.S.C. § 2255 motion and subsequent denial of his Rule 59(e) motion. The court independently reviewed the record and determined that Trappier did not make a substantial showing of the denial of a constitutional right, which is required to issue a certificate of appealability. As such, the court dismissed Trappier's appeal for lack of jurisdiction.

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    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 15-7997

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    v.
    ANTHONY GENE TRAPPIER,
    Defendant - Appellant.

    Appeal from the United States District Court for the District of
    South Carolina, at Florence.
    Terry L. Wooten, Chief District
    Judge. (4:09-cr-00340-TLW-1; 4:12-cv-03313-TLW)

    Submitted:

    April 21, 2016

    Decided: April 26, 2016

    Before WILKINSON, KING, and KEENAN, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Anthony Gene Trappier, Appellant Pro Se.


    Robert Frank
    Daley, Jr., Assistant United States Attorney, Columbia, South
    Carolina,
    Arthur
    Bradley
    Parham,
    Assistant
    United
    States
    Attorney, Florence, South Carolina, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Anthony Gene Trappier seeks to appeal the district courts
    order denying relief on his 28 U.S.C. 2255 (2012) motion, as
    well as its order denying his Fed. R. Civ. P. 59(e) motion.
    orders are
    issues

    not

    appealable

    certificate

    2253(c)(1)(B) (2012).
    issue

    absent

    unless
    of

    circuit

    justice

    appealability.

    or

    28

    judge
    U.S.C.

    A certificate of appealability will not

    substantial

    constitutional right.

    The

    showing

    of

    the

    denial

    28 U.S.C. 2253(c)(2) (2012).

    of

    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
    Trappier 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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