UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 17-7567

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

DARWIN DWAYNE HUTCHINS, a/k/a Dee,

Defendant - Appellant.

Appeal from the United States District Court for the Northern District of West Virginia, at Wheeling. Frederick P. Stamp, Jr, Senior District Judge. (5:09-cr-00021-FPS-JES-3; 5:16-cv-00100-FPS-JES)

Submitted: April 19, 2018 Decided: April 23, 2018

Before GREGORY, Chief Judge, and THACKER and HARRIS, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Darwin Dwayne Hutchins, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

Darwin Dwayne Hutchins 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 Hutchins 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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