UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 19-7429

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

BILLY JOE SCOTT,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. James C. Dever III, District Judge. (5:11-cr-00128-D-1; 5:16-cv-00598-D)

Submitted: February 18, 2020 Decided: February 21, 2020

Before MOTZ, HARRIS, and QUATTLEBAUM, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Billy Joe Scott, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

Billy Joe Scott seeks to appeal the district court’s order denying his

(2018) motion. The order is not appealable unless a circuit justice or judge issues

a certificate of appealability.

(c)(1)(B) (2018). A certificate of

appealability will not issue absent “a substantial showing of the denial of a constitutional

right.”

(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. See

Buck v. Davis,

(2017). 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. Gonzalez v. Thaler,

, 140-41 92012) (citing Slack v.

McDaniel,

(2000)).

We have independently reviewed the record and conclude that Scott has not made

the requisite showing. Accordingly, we deny a certificate of appealability and dismiss this

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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