United States v. Kenneth Reid

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-7322
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
KENNETH ROSHAUN REID,
Defendant - Appellant.
Appeal from the United States District Court for the District of
South Carolina, at Rock Hill. Cameron McGowan Currie, District
Judge. (0:04-cr-00353-CMC-1; 0:13-cv-01943-CMC)
Submitted: September 20, 2013 Decided: September 24, 2013
Before GREGORY, SHEDD, and KEENAN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Kenneth Roshaun Reid, Appellant Pro Se. Beth Drake, Jimmie
Ewing, Mark C. Moore, William Kenneth Witherspoon, Assistant
United States Attorneys, Columbia, South Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Kenneth Roshaun Reid seeks to appeal the district
court’s order dismissing as successive his 28 U.S.C. § 2255(West Supp. 2013) 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) (2006). 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
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 Reid 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
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contentions are adequately presented in the materials before
this Court and argument would not aid the decisional process.
DISMISSED
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