UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 20-6858

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

WILLIAM ROOSEVELT CLOUD,

Defendant - Appellant.

Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Frank D. Whitney, District Judge. (3:06-cr-00096-FDW-DSC-1; 3:19-cv- 00557-FDW)

Submitted: October 20, 2020 Decided: October 23, 2020

Before GREGORY, Chief Judge, DIAZ, Circuit Judge, and SHEDD, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

William Roosevelt Cloud, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

William Roosevelt Cloud seeks to appeal the district court’s order dismissing his

motion as unauthorized and successive. The order is not appealable unless

a circuit justice or judge issues a certificate of appealability. See

(c)(1)(B). A certificate of appealability will not issue absent “a substantial showing

of the denial of a constitutional right.”

(c)(2). When, as here, 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,

(2012) (citing

Slack v. McDaniel,

(2000)).

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

the requisite showing. Accordingly, we deny Cloud’s motion for 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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