United States v. Mathew Byrd ( 2023 )


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  • USCA4 Appeal: 22-7227      Doc: 9         Filed: 12/27/2023    Pg: 1 of 2
    UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 22-7227
    UNITED STATES OF AMERICA,
    Plaintiff - Appellee,
    v.
    MATHEW RYAN BYRD,
    Defendant - Appellant.
    Appeal from the United States District Court for the Southern District of West Virginia, at
    Huntington. Robert C. Chambers, District Judge. (3:19-cr-00080-1; 3:21-cv-00404)
    Submitted: December 18, 2023                                Decided: December 27, 2023
    Before WILKINSON and AGEE, Circuit Judges, and MOTZ, Senior Circuit Judge.
    Dismissed by unpublished per curiam opinion.
    Mathew Ryan Byrd, Appellant Pro Se.
    Unpublished opinions are not binding precedent in this circuit.
    USCA4 Appeal: 22-7227      Doc: 9         Filed: 12/27/2023      Pg: 2 of 2
    PER CURIAM:
    Mathew Ryan Byrd seeks to appeal the district court’s order accepting the
    recommendation of the magistrate judge and 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 showing that reasonable jurists could find the district court’s assessment of the
    constitutional claims debatable or wrong. See Buck v. Davis, 
    580 U.S. 100
    , 115-17 (2017).
    When the district court denies relief on procedural grounds, the prisoner must show 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 Byrd has not made
    the requisite showing. Accordingly, we deny his motion for 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
    2
    

Document Info

Docket Number: 22-7227

Filed Date: 12/27/2023

Precedential Status: Non-Precedential

Modified Date: 12/28/2023