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    United States v. Sherwood Farrow, 4th Cir. (2014)

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    The United States Court of Appeals for the Fourth Circuit dismissed Sherwood Farrow's appeal of the district court's dismissal of his 28 U.S.C. § 2255 motion as untimely. The court issued an unpublished opinion that denied Farrow's request for a certificate of appealability. The court independently reviewed the record and concluded that Farrow did not make the requisite showing that reasonable jurists would find the district court's ruling debatable or wrong. Therefore, the court dismissed Farrow's appeal.

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    United States v. Sherwood Farrow, 4th Cir. (2014)

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    The United States Court of Appeals for the Fourth Circuit dismissed Sherwood Farrow's appeal of the district court's dismissal of his 28 U.S.C. § 2255 motion as untimely. The court issued an unpublished opinion that denied Farrow's request for a certificate of appealability. The court independently reviewed the record and concluded that Farrow did not make the requisite showing that reasonable jurists would find the district court's ruling debatable or wrong. Therefore, the court dismissed Farrow's appeal.

    Original Description:

    Filed: 2014-07-28 Precedential Status: Non-Precedential Docket: 14-6434

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    The United States Court of Appeals for the Fourth Circuit dismissed Sherwood Farrow's appeal of the district court's dismissal of his 28 U.S.C. § 2255 motion as untimely. The court issued an unpublished opinion that denied Farrow's request for a certificate of appealability. The court independently reviewed the record and concluded that Farrow did not make the requisite showing that reasonable jurists would find the district court's ruling debatable or wrong. Therefore, the court dismissed Farrow's appeal.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Download as pdf
    30 views3 pages

    United States v. Sherwood Farrow, 4th Cir. (2014)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit dismissed Sherwood Farrow's appeal of the district court's dismissal of his 28 U.S.C. § 2255 motion as untimely. The court issued an unpublished opinion that denied Farrow's request for a certificate of appealability. The court independently reviewed the record and concluded that Farrow did not make the requisite showing that reasonable jurists would find the district court's ruling debatable or wrong. Therefore, the court dismissed Farrow's appeal.

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    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 14-6434

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    v.
    SHERWOOD FARROW,
    Defendant - Appellant.

    Appeal from the United States District Court for the Western
    District of Virginia, at Roanoke.
    Glen E. Conrad, Chief
    District Judge. (7:05-cr-00078-GEC-RSB-1; 7:14-cv-80695-GEC)

    Submitted:

    July 24, 2014

    Before FLOYD and


    Circuit Judge.

    THACKER,

    Decided: July 28, 2014

    Circuit

    Judges,

    and

    DAVIS,

    Senior

    Dismissed by unpublished per curiam opinion.

    Sherwood Farrow, Appellant Pro Se. Edward Albert Lustig, OFFICE


    OF THE UNITED STATES ATTORNEY, Roanoke, Virginia, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Sherwood Farrow seeks to appeal the district courts
    order dismissing as untimely his 28 U.S.C. 2255 (2012) motion.
    The order is not appealable unless a circuit justice or judge
    issues

    certificate

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

    absent

    of

    appealability.

    U.S.C.

    A certificate of appealability will not

    substantial

    constitutional right.

    28

    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 Farrow 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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