UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 19-6842

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

ERIC MARTIN PEPKE,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Louise W. Flanagan, District Judge. (5:15-cr-00319-FL-1; 5:17-cv-00631-FL)

Submitted: November 19, 2019 Decided: November 22, 2019

Before WILKINSON and RICHARDSON, Circuit Judges, and TRAXLER, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Eric Martin Pepke, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

Eric Martin Pepke seeks to appeal the district court’s order accepting the

recommendation of the magistrate judge and 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 Pepke has not made

the requisite showing. Accordingly, although we grant Pepke’s motion to file an amended

informal brief, 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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