UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 20-7834

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

DEREK JOSEPH PARKER,

Defendant - Appellant.

Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Robert J. Conrad, Jr., District Judge. (3:17-cr-00253-RJC-DCK-1; 3:19-cv- 00250-RJC)

Submitted: October 19, 2021 Decided: December 13, 2021

Before DIAZ and QUATTLEBAUM, Circuit Judges, and TRAXLER, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Derek Joseph Parker, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

Derek Joseph Parker seeks to appeal the district court’s orders denying relief on his

motion and denying his motion to reconsider. 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 Parker 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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