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  • United States v. Joseph Barnhart, 4th Cir. (2013)

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    The United States Court of Appeals for the Fourth Circuit dismissed Joseph Grant Barnhart's appeal of the district court's denial of his 28 U.S.C. § 2255 motion. The court determined that Barnhart did not make a substantial showing that he was denied a constitutional right. Specifically, the court found that Barnhart failed to demonstrate that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong. As such, the court denied Barnhart a certificate of appealability and dismissed his appeal.

    Original Description:

    Filed: 2013-09-30 Precedential Status: Non-Precedential Docket: 13-6513

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    The United States Court of Appeals for the Fourth Circuit dismissed Joseph Grant Barnhart's appeal of the district court's denial of his 28 U.S.C. § 2255 motion. The court determined that Barnhart did not make a substantial showing that he was denied a constitutional right. Specifically, the court found that Barnhart failed to demonstrate that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong. As such, the court denied Barnhart a certificate of appealability and dismissed his appeal.

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    Public Domain
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    1 views3 pages

    United States v. Joseph Barnhart, 4th Cir. (2013)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit dismissed Joseph Grant Barnhart's appeal of the district court's denial of his 28 U.S.C. § 2255 motion. The court determined that Barnhart did not make a substantial showing that he was denied a constitutional right. Specifically, the court found that Barnhart failed to demonstrate that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong. As such, the court denied Barnhart a certificate of appealability and dismissed his appeal.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 13-6513

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    v.
    JOSEPH GRANT BARNHART,
    Defendant - Appellant.

    Appeal from the United States District Court for the Northern
    District of West Virginia, at Martinsburg. John Preston Bailey,
    Chief District Judge. (3:11-cr-00063-JPB-1; 3:13-cv-00138-JPB)

    Submitted:

    September 26, 2013

    Decided:

    September 30, 2013

    Before SHEDD, DUNCAN, and WYNN, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Joseph Grant Barnhart, Appellant Pro Se.


    Shawn Angus Morgan,
    Assistant United States Attorney, Clarksburg, West Virginia, for
    Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Joseph
    courts

    order

    recommendation

    Grant

    Barnhart

    adopting
    and

    the

    denying

    (West Supp. 2013) motion.

    seeks

    to

    appeal

    magistrate

    relief

    on

    the

    judges

    his

    28

    district

    report

    U.S.C.A.

    and

    2255

    The order is not appealable unless a

    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 Barnhart 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

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