USCA4 Appeal: 22-6708 Doc: 7 Filed: 11/03/2022 Pg: 1 of 2

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 22-6708

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

KEJUAN TIZOM SHABAZZ SMITH, a/k/a Bobby,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of North Carolina, at Wilmington. James C. Dever III, District Judge. (7:16-cr-00120-D-1, 7:20-cv-00143-D)

Submitted: November 2, 2022 Decided: November 3, 2022

Before AGEE and WYNN, Circuit Judges, and MOTZ, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Kejuan Tizom Shabazz Smith, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 22-6708 Doc: 7 Filed: 11/03/2022 Pg: 2 of 2

PER CURIAM:

Kejuan Tizom Shabazz Smith seeks to appeal the district court’s order dismissing

as untimely his

motion. See Whiteside v. United States,

(4th Cir. 2014) (en banc) (explaining that § 2255 motions are subject to one-year

statute of limitations, running from latest of four commencement dates enumerated in

(f)). The order is not appealable unless a circuit justice or judge issues a

certificate of appealability.

(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 Smith 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

2