U.S. Court of Appeals for the Fourth Circuit, 2014

United States v. Marcus Preston

United States v. Marcus Preston
U.S. Court of Appeals for the Fourth Circuit · Decided August 26, 2014 · Shedd, Agee, Keenan
582 F. App'x 216

United States v. Marcus Preston

Opinion

PER CURIAM:

Marcus Preston seeks to appeal the district court’s order denying relief on his 28 U.S.C. § 2255 (2012) motion as successive and without merit. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1)(B) (2012). 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) (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, 529 U.S. 473, 484, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000); see Miller-El v. Cockrell, 537 U.S. 322, 336-38, 123 S.Ct. 1029, 154 L.Ed.2d 931 (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, 529 U.S. at 484-85, 120 S.Ct. 1595.

We have independently reviewed the record and conclude that Preston has not niade the requisite showing. Accordingly, we deny a certificate of appealability, deny Preston’s motion for transcript at government expense, and dismiss the appeal. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before *217 this court and argument would not aid the decisional process.

DISMISSED.

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