United States v. Antwan Harris , 697 F. App'x 147 ( 2017 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 17-6660
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
ANTWAN HARRIS,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern District of North Carolina, at
Raleigh. Terrence W. Boyle, District Judge. (5:11-cr-00247-BO-1; 5:16-cv-00741-BO)
Submitted: August 24, 2017 Decided: August 29, 2017
Before GREGORY, Chief Judge, and SHEDD and DIAZ, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Antwan Harris, Appellant Pro Se. Tobin Webb Lathan, OFFICE OF THE UNITED
STATES ATTORNEY, Seth Morgan Wood, Assistant United States Attorney, Raleigh,
North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Antwan Harris seeks to appeal the district court’s order dismissing as successive
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 (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 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 Harris 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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