USCA4 Appeal: 22-6717 Doc: 11 Filed: 10/18/2022 Pg: 1 of 2

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 22-6717

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

COLLIN HAWKINS, a/k/a Colin Hawkins,

Defendant - Appellant.

Appeal from the United States District Court for the Western District of Virginia, at Big Stone Gap. James P. Jones, Senior District Judge. (2:10-cr-00004-JPJ-1; 2:22-cv-81499- JPJ)

Submitted: October 13, 2022 Decided: October 18, 2022

Before NIEMEYER and AGEE, Circuit Judges, and KEENAN, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Collin Hawkins, Appellant Pro Se. Jennifer R. Bockhorst, Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Abingdon, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 22-6717 Doc: 11 Filed: 10/18/2022 Pg: 2 of 2

PER CURIAM:

Collin Hawkins 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 Hawkins 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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