648 Fed.Appx. 323 (4th Cir. 2016), 15-7944, United States v. Hawkins
|Citation:||648 Fed.Appx. 323|
|Opinion Judge:||PER CURIAM:|
|Party Name:||UNITED STATES OF AMERICA, Plaintiff - Appellee, v. COLLIN HAWKINS, a/k/a Colin Hawkins, Defendant - Appellant|
|Attorney:||Collin Hawkins, Appellant, Pro se. Kevin Lee Jayne, OFFICE OF THE UNITED STATES ATTORNEY, Abingdon, Virginia, for Appellee.|
|Judge Panel:||Before WYNN and THACKER, Circuit Judges, and HAMILTON, Senior Circuit Judge.|
|Case Date:||May 11, 2016|
|Court:||United States Courts of Appeals, Court of Appeals for the Fourth Circuit|
Submitted April 29, 2016
Unpublished opinions are not binding precedent in this circuit. (See Federal Rule of Appellate Procedure Rule 32.1)
Appeal from the United States District Court for the Western District of Virginia, at Big Stone Gap. (2:10-cr-00004-JPJ-RSB-1; 2:14-cv-80753-JPJRSB). James P. Jones, District Judge.
Collin Hawkins, Appellant, Pro se.
Kevin Lee Jayne, OFFICE OF THE UNITED STATES ATTORNEY, Abingdon, Virginia, for Appellee.
Before WYNN and THACKER, Circuit Judges, and HAMILTON, Senior Circuit Judge.
Collin Hawkins seeks to appeal the district court's 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. 28 U.S.C. § 2253(c)(1)(B) (2012). 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) (2012). When the district court denies relief on the merits, a prisoner satisfies this standard by demonstrating that reasonable jurists would find that the district court's assessment of the constitutional claims is debatable or wrong. Slack v. McDaniel, 529 U.S. 473, 484, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000); see Miller-El v. Cockrell, 537 U.S. 322, 336-38, 123 S.Ct. 1029, 154 L.Ed.2d 931 (2003). When the district court denies relief on procedural grounds, the prisoner must demonstrate...
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