USCA4 Appeal: 22-6396 Doc: 8 Filed: 11/28/2022 Pg: 1 of 2

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 22-6396

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

DILADE MCCOY,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. David J. Novak, District Judge. (3:14-cr-00044-DJN-2; 3:22-cv-00026-DJN)

Submitted: November 22, 2022 Decided: November 28, 2022

Before HARRIS and RICHARDSON, Circuit Judges, and TRAXLER, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Dilade McCoy, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 22-6396 Doc: 8 Filed: 11/28/2022 Pg: 2 of 2

PER CURIAM:

Dilade McCoy 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 McCoy 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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