Opinion
22-7122
03-21-2023
UNITED STATES OF AMERICA, Plaintiff - Appellee, v. ALEXANDER RICKEY SHAW, JR., a/k/a Ruger Red, Defendant-Appellant.
Alexander Rickey Shaw, Jr., Appellant Pro Se.
UNPUBLISHED
Submitted: March 16, 2023.
Appeal from the United States District Court for the Eastern District of North Carolina, 5:19-cr-00355-D-2; 5:21-cv-00239-D at Raleigh. James C. Dever III, District Judge.
Alexander Rickey Shaw, Jr., Appellant Pro Se.
Before WILKINSON, AGEE, and HARRIS, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Alexander Rickey Shaw, Jr. seeks to appeal the district court's order accepting the recommendation of the magistrate judge and denying relief on Shaw's 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).
We have independently reviewed the record and conclude that Shaw 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