UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION

DIONNE LAMONT GATLING, ) ) Petitioner, ) ) v. ) No. 4:24-cv-348 RWS ) UNITED STATES OF AMERICA, ) ) Respondent. )

MEMORANDUM AND ORDER

Now before the Court, in this closed § 2255 habeas case, is Petitioner’s motion for issuance of a certificate of appealability. ECF No. 4. When dismissing this case, the Court found that Petitioner had not met the burden for the issuance of a certificate of appealability. ECF No. 2 at 3-4. As discussed in that dismissal, an attorney for Petitioner already applied to the Eighth Circuit Court of Appeals for permission to file a successive § 2255 motion on the grounds that Petitioner asserts here in support of a certificate of appealability – relief under the Supreme Court’s decision in Lora v. United States,

(2023). See Gatling v. United States, No. 23-3611 (8th Cir. Jan. 9, 2024). The Eighth Circuit denied Plaintiff’s motion for authorization to file a successive habeas application. As such, this Court finds no “substantial showing” of the denial of a constitutional right.

(c)(2); Tiedeman v. Benson,

(8th Cir. 1997). The Court is unpersuaded by the arguments in Petitioner’s motion. Therefore, Petitioner’s motion for a certificate of appealability will be denied. Accordingly, IT IS HEREBY ORDERED that petitioner’s motion for issuance of a certificate of appealability [ECF No. 4] is DENIED. Dated this 25th day of June, 2024.

Ww RODNHY W. SIPP UNITED STATES DISTRICT JUDGE