UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 21-7142

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

WILLIAM ELDRIDGE ASKEW, III,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. James C. Dever III, District Judge. (5:14-cr-00023-D-2; 5:18-cv-00232-D)

Submitted: January 20, 2022 Decided: January 25, 2022

Before WILKINSON, DIAZ, and THACKER, Circuit Judges.

Dismissed by unpublished per curiam opinion.

William Eldridge Askew, III, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

William Eldridge Askew, III, seeks to appeal the district court’s order denying relief

on his

motion. 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 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 Askew has not made

the requisite showing. Accordingly, we deny the motion to appoint counsel, 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