United States v. Lorenzo Martin , 687 F. App'x 270 ( 2017 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 16-7676
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
LORENZO GRODE MARTIN,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern District of Virginia, at
Alexandria. T. S. Ellis, III, Senior District Judge. (1:00-cr-00226-TSE-1; 1:16-cv-
01054-TSE)
Submitted: April 25, 2017 Decided: April 28, 2017
Before MOTZ, DUNCAN, and AGEE, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Lorenzo Grode Martin, Appellant Pro Se. William Neil Hammerstrom, Jr., Lawrence
Joseph Leiser, Assistant United States Attorneys, Alexandria, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Lorenzo Grode Martin seeks to appeal the district court’s order dismissing his 28
U.S.C. § 2255 (2012) motion as successive and unauthorized. 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 Martin 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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