Opinion
No. 15-6700
09-14-2015
UNITED STATES OF AMERICA, Plaintiff - Appellee, v. REGGIE ANDRE BECKTON, Defendant - Appellant.
Reggie Andre Beckton, Appellant Pro Se. G. Norman Acker, III, Dennis Michael Duffy, Jennifer P. May-Parker, Assistant United States Attorneys, S. Katherine Burnette, Tobin Webb Lathan, Seth Morgan Wood, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee.
UNPUBLISHED Appeal from the United States District Court for the Eastern District of North Carolina, at Wilmington. W. Earl Britt, Senior District Judge. (7:11-cr-00061-BR-1; 7:15-cv-00068-BR) Before SHEDD, WYNN, and FLOYD, Circuit Judges. Dismissed by unpublished per curiam opinion. Reggie Andre Beckton, Appellant Pro Se. G. Norman Acker, III, Dennis Michael Duffy, Jennifer P. May-Parker, Assistant United States Attorneys, S. Katherine Burnette, Tobin Webb Lathan, Seth Morgan Wood, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM:
Reggie Andre Beckton seeks to appeal the district court's order denying relief on his 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 Beckton has not made the requisite showing. Accordingly, we deny Beckton's motions 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