United States v. Andra Green
United States v. Andra Green
Opinion
USCA4 Appeal: 23-6844 Doc: 15 Filed: 01/28/2025 Pg: 1 of 2
UNPUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 23-6844
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
ANDRA G. GREEN, a/k/a Giz, a/k/a Gizzle, a/k/a A. Gizzle, a/k/a Andra Gabrael Green, a/k/a Andra Gabriel Green, Jr., a/k/a A.J.,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern District of Virginia, at Newport News. Rebecca Beach Smith, Senior District Judge. (4:09-cr-00081-RBS-FBS- 7; 4:23-cv-00084-RBS)
Submitted: January 23, 2025 Decided: January 28, 2025
Before GREGORY, WYNN, and THACKER, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Andra G. Green, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 23-6844 Doc: 15 Filed: 01/28/2025 Pg: 2 of 2
PER CURIAM:
Andra G. Green seeks to appeal the district court’s order dismissing his
28 U.S.C. § 2255motion as successive and unauthorized. 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, 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,
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 Green 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- Unpublished