UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 13-7551

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

MARLON WILLIAMS,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. James C. Dever III, Chief District Judge. (5:09-cr-00317-D-2; 5:12-cv-00027-D)

Submitted: January 30, 2014 Decided: February 5, 2014

Before MOTZ, KING, and DAVIS, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Marlon Williams, Appellant Pro Se. Jane J. Jackson, Jennifer P. May-Parker, Assistant United States Attorneys, Seth Morgan Wood, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Marlon Williams seeks to appeal the district court’s

order denying relief on his

(2012) motion. The

order is not appealable unless a circuit justice or judge issues

a certificate of appealability.

(c)(1)(B)

(2012). A certificate of appealability will not issue absent “a

substantial showing of the denial of a constitutional right.”

(c)(2) (2012). When the district court denies

relief on the merits, a prisoner satisfies this standard by

demonstrating that reasonable jurists would find that the

district court’s assessment of the constitutional claims is

debatable or wrong. Slack v. McDaniel,

(2000); see Miller-El v. Cockrell,

(2003).

When 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. Slack,

.

We have independently reviewed the record and conclude

that Williams has not made the requisite showing. Accordingly,

we deny Williams’ motion for a certificate of appealability and

dismiss the appeal. We dispense with oral argument because the

facts and legal contentions are adequately presented in the

2 materials before this court and argument would not aid the

decisional process.

DISMISSED

3