Opinion
No. 20-7426
03-22-2021
UNITED STATES OF AMERICA, Plaintiff - Appellee, v. EDWARD DANE JEFFUS, Defendant - Appellant.
Edward Dane Jeffus, Appellant Pro Se.
UNPUBLISHED
Appeal from the United States District Court for the Middle District of North Carolina, at Greensboro. N. Carlton Tilley, Jr., Senior District Judge. (6:92-cr-00184-NCT-2; 1:18-cv-00080-NCT-JEP) Before WILKINSON and RICHARDSON, Circuit Judges, and SHEDD, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Edward Dane Jeffus, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM:
Edward Dane Jeffus seeks to appeal the district court's order accepting the recommendation of the magistrate judge and construing Jeffus' motion to take judicial notice as a 28 U.S.C. § 2255 motion and dismissing it 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 Jeffus 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