UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 18-6016

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

DWANE WASHINGTON, a/k/a Cisco,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. John A. Gibney, Jr., District Judge. (3:12-cr-00085-JAG-DJN-1; 3:15-cv- 00136-JAG-DJN)

Submitted: October 29, 2018 Decided: January 3, 2019

Before DIAZ and FLOYD, Circuit Judges, and TRAXLER, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Dwane Washington, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

Dwane Washington 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. See

(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 Washington has not

made the requisite showing. Accordingly, we deny his motion for 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