Opinion
24-6278
08-02-2024
UNITED STATES OF AMERICA, Plaintiff - Appellee, v. DARRIUS A. HEUSER-WHITAKER, Defendant-Appellant.
Darrius A. Heuser-Whitaker, Appellant Pro Se.
UNPUBLISHED
Submitted: July 30, 2024
Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Raymond A. Jackson, Senior District Judge. (2:18-cr-00177-RAJ-LRL-4; 2:23-cv-00445-RAJ)
Darrius A. Heuser-Whitaker, Appellant Pro Se.
Before NIEMEYER, AGEE, and HEYTENS, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Darrius A. Heuser-Whitaker 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 Heuser-Whitaker has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the appeal. We deny Heuser-Whitaker's motion for transcript at government expense. 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.