United States v. Terrance Mathis
United States v. Terrance Mathis
Opinion
UNPUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 19-7229
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
TERRANCE GERARD MATHIS, a/k/a T-2,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Arenda L. Wright Allen, District Judge. (2:05-cr-00082-AWA-JEB-5; 2:07-cv- 00449-JBF)
Submitted: January 23, 2020 Decided: January 28, 2020
Before WYNN, DIAZ, and RICHARDSON, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Terrance Gerard Mathis, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit. PER CURIAM:
Terrance Gerard Mathis seeks to appeal the district court’s order denying as
successive and unauthorized his
28 U.S.C. § 2255(2018) motion. The district court’s order
is not appealable unless a circuit justice or judge issues a certificate of appealability.
28 U.S.C. § 2253(c)(1)(B) (2018). A certificate of appealability will not issue absent “a
substantial showing of the denial of a constitutional right.”
28 U.S.C. § 2253(c)(2) (2018).
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,
529 U.S. 473, 484(2000);
see Miller-El v. Cockrell,
537 U.S. 322, 336-38(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,
529 U.S. at 484-85.
We have independently reviewed the record and conclude that Mathis 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
2
Reference
- Status
- Unpublished