United States v. Greg Bright

U.S. Court of Appeals for the Fourth Circuit

United States v. Greg Bright

Opinion

USCA4 Appeal: 22-6573 Doc: 9 Filed: 12/19/2022 Pg: 1 of 2

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 22-6573

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

GREG BRIGHT,

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-00116-D-16; 7:20-cv-00241-D)

Submitted: December 15, 2022 Decided: December 19, 2022

Before GREGORY, Chief Judge, and WILKINSON and DIAZ, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Greg Bright, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 22-6573 Doc: 9 Filed: 12/19/2022 Pg: 2 of 2

PER CURIAM:

Greg Bright seeks to appeal the district court’s order denying relief on his

28 U.S.C. § 2255

motion. The order is not appealable unless a circuit justice or judge issues a

certificate of appealability. See

28 U.S.C. § 2253

(c)(1)(B). A certificate of appealability

will not issue absent “a substantial showing of the denial of a constitutional right.”

28 U.S.C. § 2253

(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,

137 S. Ct. 759, 773-74

(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,

565 U.S. 134, 140-41

(2012) (citing Slack v. McDaniel,

529 U.S. 473, 484

(2000)).

We have independently reviewed the record and conclude that Bright 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

Reference

Status
Unpublished