United States v. Keith Barnett ( 2024 )


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  • USCA4 Appeal: 24-6830      Doc: 7         Filed: 11/22/2024    Pg: 1 of 2
    UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 24-6830
    UNITED STATES OF AMERICA,
    Plaintiff - Appellee,
    v.
    KEITH ANTONIO BARNETT,
    Defendant - Appellant.
    Appeal from the United States District Court for the Western District of North Carolina, at
    Charlotte. Max O. Cogburn, Jr., District Judge. (3:18-cr-00200-MOC-SCR-1; 3:24-cv-
    00227-MOC)
    Submitted: November 19, 2024                                Decided: November 22, 2024
    Before QUATTLEBAUM, RUSHING, and BENJAMIN, Circuit Judges.
    Dismissed by unpublished per curiam opinion.
    Keith Antonio Barnett, Appellant Pro Se.
    Unpublished opinions are not binding precedent in this circuit.
    USCA4 Appeal: 24-6830         Doc: 7       Filed: 11/22/2024      Pg: 2 of 2
    PER CURIAM:
    Keith Antonio Barnett 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, 
    580 U.S. 100
    , 115-17 (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 Barnett 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
    2
    

Document Info

Docket Number: 24-6830

Filed Date: 11/22/2024

Precedential Status: Non-Precedential

Modified Date: 11/26/2024