UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 20-7626

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

KEITH LAMONT TUTT,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. James C. Dever III, District Judge. (5:17-cr-00142-D-1; 5:19-cv-00435-D)

Submitted: March 18, 2021 Decided: March 23, 2021

Before WILKINSON and RICHARDSON, Circuit Judges, and SHEDD, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Keith Lamont Tutt, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

Keith Lamont Tutt seeks to appeal the district court’s orders denying relief on his

motion and denying reconsideration. The orders are 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 the district court

denies relief on the merits, a prisoner satisfies this standard by demonstrating that

reasonable jurists could find the district court’s assessment of the constitutional claims

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,

(2012) (citing

Slack v. McDaniel,

(2000)).

We have independently reviewed the record and conclude that Tutt 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

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