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

United States v. Shannon Williams

United States v. Shannon Williams
U.S. Court of Appeals for the Fourth Circuit · Decided December 23, 2014 · Shedd, Wynn, Thacker
589 F. App'x 101

United States v. Shannon Williams

Opinion

Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Shannon Derrell Williams seeks to appeal the district court’s order construing his petition for a writ of audita querela as a successive and unauthorized 28 U.S.C. § 2255 (2012) motion. The district court’s order is not appealable unless a circuit justice or judge issues a certificate of ap-pealability. 28 ' U.S.C. § 2253(c)(1)(B) (2006). 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) (2006). 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 Williams 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.

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