UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 18-6818

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

STEVEN B. BOYD, JR., a/k/a Gotti,

Defendant - Appellant.

Appeal from the United States District Court for the District of Maryland, at Baltimore. James K. Bredar, Chief District Judge. (1:15-cr-00401-JKB-1; 1:18-cv-00466-JKB)

Submitted: November 27, 2018 Decided: December 12, 2018

Before GREGORY, Chief Judge, KING, and KEENAN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Steven B. Boyd, Jr., Appellant Pro Se. Zachary Augustus Myers, Rachel Miller Yasser, OFFICE OF THE UNITED STATES ATTORNEY, Baltimore, Maryland, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Steven B. Boyd, Jr., 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 Boyd has not made

the requisite showing. Accordingly, we deny a certificate of appealability, deny leave to

proceed in forma pauperis, 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