Opinion
No. 21-1179
04-12-2021
Derrick J. White Movant - Appellant v. United States of America Respondent - Appellee
Appeal from United States District Court for the Western District of Missouri - Kansas City [Unpublished] Before SHEPHERD, ERICKSON, and STRAS, Circuit Judges. PER CURIAM.
Derrick J. White seeks a certificate of appealability following the district court's dismissal of his 28 U.S.C. § 2255 motion. Upon careful review of the record, we have determined that the district court erred when it dismissed White's motion as untimely. See 28 U.S.C. § 2255(f)(1). Nevertheless, we hold that jurists of reason would not find it debatable whether White's claim was procedurally defaulted, or whether his petition states a valid claim of the denial of a constitutional right. See Slack v. McDaniel, 529 U.S. 473, 484 (2000) (COA standard). Accordingly, White's request for a certificate of appealability is denied.