UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 17-7120

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

ERIC LEROY BYRD,

Defendant - Appellant.

Appeal from the United States District Court for the District of Maryland, at Greenbelt. Deborah K. Chasanow, Senior District Judge. (8:10-cr-00481-DKC-1; 8:17-cv-01679- DKC)

Submitted: January 18, 2018 Decided: March 5, 2018 Amended: March 6, 2018

Before TRAXLER, AGEE, and HARRIS, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Eric Leroy Byrd, Appellant Pro Se. Ellen Elisabeth Cobb, Baltimore, Maryland, David Ira Salem, Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Greenbelt, Maryland, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Eric Leroy Byrd 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 Byrd 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

2