Opinion
21-6556
07-02-2021
UNITED STATES OF AMERICA, Plaintiff - Appellee, v. ANTTWAINE MANDWELL DUNLAP, a/k/a Twan, a/k/a Anttwaine Marquis Dunlap, a/k/a Gotti, Defendant-Appellant.
Anttwaine Mandwell Dunlap, Appellant Pro Se.
UNPUBLISHED
Submitted: June 29, 2021
Appeal from the United States District Court for the Eastern District of Virginia, at Newport News. Rebecca Beach Smith, Senior District Judge. (4:03-cr-00070-RBS-FBS-1; 4:20-cv-00181-RBS)
Anttwaine Mandwell Dunlap, Appellant Pro Se.
Before HARRIS, RICHARDSON, and RUSHING, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM
Anttwaine Mandwell Dunlap see ks to appeal the district court's order dismissing his 28 U.S.C. § 2255 motion as successive and unauthorized. 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, as here, 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 Dunlap 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.