Opinion
No. 20-6130
07-09-2020
UNITED STATES OF AMERICA, Plaintiff - Appellee, v. RICKY TIMOTHY WYATT, JR., a/k/a Knuckles, Defendant - Appellant.
Ricky Timothy Wyatt, Jr., Appellant Pro Se.
UNPUBLISHED
Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. Henry E. Hudson, Senior District Judge. (3:13-cr-00107-HEH-DJN-1) Before WILKINSON, THACKER, and HARRIS, Circuit Judges. Dismissed by unpublished per curiam opinion. Ricky Timothy Wyatt, Jr., Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM:
Ricky Timothy Wyatt, Jr., seeks to appeal the district court's order dismissing his 28 U.S.C. § 2255 (2018) motion as successive. 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) (2018). 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) (2018). 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 Wyatt 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