USCA4 Appeal: 23-7097 Doc: 6 Filed: 03/15/2024 Pg: 1 of 2

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 23-7097

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

FARUQ ROSE, a/k/a Faruq Uthman Rose,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of North Carolina, at Wilmington. James C. Dever III, District Judge. (7:17-cr-00069-D-1; 7:23-cv-00179-D)

Submitted: March 12, 2024 Decided: March 15, 2024

Before GREGORY, RICHARDSON, and BENJAMIN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Faruq Rose, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 23-7097 Doc: 6 Filed: 03/15/2024 Pg: 2 of 2

PER CURIAM:

Faruq Rose seeks to appeal the district court’s order denying relief on his

motion. 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 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,

(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,

(2012) (citing Slack v. McDaniel,

(2000)).

We have independently reviewed the record and conclude that Rose 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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