UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 17-7646

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

DEVONE SHARNELL BEST,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of North Carolina, at Wilmington. James C. Dever III, Chief District Judge. (7:12-cr-00064-D-1; 7:15-cv- 00274-D)

Submitted: April 17, 2018 Decided: April 20, 2018

Before WILKINSON and KEENAN, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Devone Sharnell Best, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

Devone Sharnell Best seeks to appeal the district court’s orders denying relief on

his

(2012) motion and denying his motion for reconsideration. The

orders are 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 Best 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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