USCA4 Appeal: 23-6419 Doc: 7 Filed: 11/22/2023 Pg: 1 of 2

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 23-6419

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

PERRY REESE, III,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of North Carolina, at Wilmington. Louise W. Flanagan, District Judge. (7:08-cr-00034-FL-1; 7:23-cv-00138- FL)

Submitted: November 16, 2023 Decided: November 22, 2023

Before AGEE and RICHARDSON, Circuit Judges, and FLOYD, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Perry Reese, III, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 23-6419 Doc: 7 Filed: 11/22/2023 Pg: 2 of 2

PER CURIAM:

Perry Reese, III, 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 Reese 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

* To the extent Reese seeks authorization from this court to file a successive § 2255 motion, we conclude that he fails to satisfy the criteria set forth in § 2255(h).

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