UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 18-6995

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

RONNIE VICTOR EVERETT,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of North Carolina, at Greenville. W. Earl Britt, Senior District Judge. (4:12-cr-00130-BR-1; 4:17-cv-00080- BR)

Submitted: December 28, 2018 Decided: January 9, 2019

Before THACKER and HARRIS, Circuit Judges, and SHEDD, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Ronnie Victor Everett, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

Ronnie Victor Everett seeks to appeal the district court’s order dismissing 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 Everett 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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