United States v. Raymond Perry
United States v. Raymond Perry
Opinion
UNPUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 20-7645
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
RAYMOND LEWIS PERRY,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Robert G. Doumar, Senior District Judge. (2:11-cr-00042-RGD-FBS-1; 2:20- cv-00524-RGD)
Submitted: February 18, 2021 Decided: February 23, 2021
Before NIEMEYER, KING, and FLOYD, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Raymond Lewis Perry, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit. PER CURIAM:
Raymond Lewis Perry seeks to appeal the district court’s order and judgment
dismissing without prejudice his
28 U.S.C. § 2255motion as successive and unauthorized.
The order is not appealable unless a circuit justice or judge issues a certificate of
appealability. See
28 U.S.C. § 2253(c)(1)(B). 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). 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,
565 U.S. 134, 140-41(2012) (citing Slack v. McDaniel,
529 U.S. 473, 484(2000)).
We have independently reviewed the record and conclude that Perry 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- Unpublished