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    United States v. Darrence Covington, 4th Cir. (2016)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit in the case of United States v. Darrence Termaine Covington. The court dismissed Covington's appeal of the district court's denial of his 28 U.S.C. § 2255 motion. The court independently reviewed the record and concluded that Covington did not make the requisite showing to receive a certificate of appealability, which is required to appeal the denial of a § 2255 motion. Therefore, the court denied the certificate of appealability and dismissed the appeal.

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    United States v. Darrence Covington, 4th Cir. (2016)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit in the case of United States v. Darrence Termaine Covington. The court dismissed Covington's appeal of the district court's denial of his 28 U.S.C. § 2255 motion. The court independently reviewed the record and concluded that Covington did not make the requisite showing to receive a certificate of appealability, which is required to appeal the denial of a § 2255 motion. Therefore, the court denied the certificate of appealability and dismissed the appeal.

    Original Description:

    Filed: 2016-03-02 Precedential Status: Non-Precedential Docket: 15-7828

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit in the case of United States v. Darrence Termaine Covington. The court dismissed Covington's appeal of the district court's denial of his 28 U.S.C. § 2255 motion. The court independently reviewed the record and concluded that Covington did not make the requisite showing to receive a certificate of appealability, which is required to appeal the denial of a § 2255 motion. Therefore, the court denied the certificate of appealability and dismissed the appeal.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Download as pdf
    14 views2 pages

    United States v. Darrence Covington, 4th Cir. (2016)

    Uploaded by

    Scribd Government Docs
    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit in the case of United States v. Darrence Termaine Covington. The court dismissed Covington's appeal of the district court's denial of his 28 U.S.C. § 2255 motion. The court independently reviewed the record and concluded that Covington did not make the requisite showing to receive a certificate of appealability, which is required to appeal the denial of a § 2255 motion. Therefore, the court denied the certificate of appealability and dismissed the appeal.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 15-7828

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    v.
    DARRENCE TERMAINE COVINGTON,
    Defendant - Appellant.

    Appeal from the United States District Court for the Eastern
    District of North Carolina, at Raleigh.
    Louise W. Flanagan,
    District Judge. (5:07-cr-00125-FL-1; 5:09-cv-00565-FL)

    Submitted:

    February 25, 2016

    Decided:

    March 2, 2016

    Before SHEDD and HARRIS, Circuit Judges, and DAVIS, Senior Circuit
    Judge.

    Dismissed by unpublished per curiam opinion.

    Darrence Termaine Covington, Appellant Pro Se. Ethan A. Ontjes,


    Assistant United States Attorney, Seth Morgan Wood, OFFICE OF THE
    UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Darrence Termaine Covington seeks to appeal the district
    courts order denying relief on his 28 U.S.C. 2255 (2012) motion.
    The order is not appealable unless a circuit justice or judge
    issues a certificate of appealability.
    (2012).

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

    A certificate of appealability will not issue absent a

    substantial showing of the denial of a constitutional right.


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

    28

    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 (2000); see Miller-El v.
    Cockrell, 537 U.S. 322, 336-38 (2003).

    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

    constitutional right.

    debatable

    claim

    of

    the

    denial

    of

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

    We have independently reviewed the record and conclude that


    Covington 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 this court and
    argument would not aid the decisional process.
    DISMISSED
    2

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