United States v. Corey White , 707 F. App'x 169 ( 2017 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 17-7394
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
COREY E. WHITE,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern District of Virginia, at
Norfolk. Rebecca Beach Smith, Chief District Judge. (2:07-cr-00150-RBS-FBS-1; 2:17-
cv-00510-RBS)
Submitted: December 21, 2017 Decided: December 28, 2017
Before WILKINSON and DUNCAN, Circuit Judges, and HAMILTON, Senior Circuit
Judge.
Dismissed by unpublished per curiam opinion.
Corey E. White, Appellant Pro Se. Delnisea Monique Broadnax, OFFICE OF THE
UNITED STATES ATTORNEY, Norfolk, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Corey E. White seeks to appeal the district court’s order denying his successive 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 White 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
∗
Although the district court should have dismissed the motion for lack of
jurisdiction because it was an unauthorized successive motion, the order is nonetheless
not appealable because White cannot establish entitlement to a certificate of
appealability.
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adequately presented in the materials before this court and argument would not aid the
decisional process.
DISMISSED
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