UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 20-6988

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

GERALD LEE BANKS,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of North Carolina, at Greenville. Louise W. Flanagan, District Judge. (4:11-cr-00034-FL-2; 4:16-cv-00180- FL)

Submitted: May 20, 2021 Decided: May 24, 2021

Before WILKINSON, NIEMEYER, and MOTZ, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Gerald Lee Banks, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

Gerald Lee Banks seeks to appeal the district court’s order dismissing his

motion as successive and unauthorized. 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 Banks 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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