UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 19-6874

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

BRAHEEN TIMOTHY EARL WHITFIELD, a/k/a Braheem, a/k/a Anthony Braswell,

Defendant - Appellant.

Appeal from the United States District Court for the District of South Carolina, at Florence. R. Bryan Harwell, Chief District Judge. (4:05-cr-01216-RBH-2; 4:16-cv-02000-RBH)

Submitted: November 21, 2019 Decided: November 26, 2019

Before KEENAN and DIAZ, Circuit Judges, and SHEDD, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Braheen Timothy Earl Whitfield, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

Braheen Whitfield seeks to appeal the district court’s order dismissing as untimely

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 Whitfield has not

made the requisite showing. Accordingly, we deny Whitfield’s motion for a certificate of

appealability, deny Whitfield’s motion to appoint counsel, 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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