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United States v. Deshawn King
20-6724
| 4th Cir. | Jul 20, 2021
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*1 Before KING and AGEE, Circuit Judges, and SHEDD, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Deshawn Marcus King, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Deshawn Marcus King seeks to appeal the district court’s order denying relief on his 28 U.S.C. § 2255 motion. [*] The order is not appealable unless a circuit justice or judge issues a certificate of appealability. See 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.” 28 U.S.C. § 2253(c)(2). When the district court denies relief on the merits, a prisoner satisfies this standard by demonstrating that reasonable jurists could find the district court’s assessment of the constitutional claims debatable or wrong. See Buck v. Davis , 137 S. Ct. 759, 773-74 (2017). 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. Gonzalez v. Thaler , 565 U.S. 134, 140-41 (2012) (citing Slack v. McDaniel , 529 U.S. 473, 484 (2000)).

We have independently reviewed the record and conclude that King 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

[*] We previously remanded this case to the district court for the limited purpose of determining whether King’s notice of appeal was timely filed under Fed. R. App. P. 4(c)(1) and Houston v. Lack , 487 U.S. 266, 276 (1988). The district court concluded that King timely filed a notice of appeal. 2

Case Details

Case Name: United States v. Deshawn King
Court Name: Court of Appeals for the Fourth Circuit
Date Published: Jul 20, 2021
Docket Number: 20-6724
Court Abbreviation: 4th Cir.
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