United States Court of Appeals For the Eighth Circuit ___________________________

No. 21-1179 ___________________________

Derrick J. White

lllllllllllllllllllllMovant - Appellant

v.

United States of America

lllllllllllllllllllllRespondent - Appellee ____________

Appeal from United States District Court for the Western District of Missouri - Kansas City ____________

Submitted: March 26, 2021 Filed: April 12, 2021 [Unpublished] ____________

Before SHEPHERD, ERICKSON, and STRAS, Circuit Judges. ____________

PER CURIAM.

Derrick J. White seeks a certificate of appealability following the district court’s dismissal of his 28 U.S.C. § 2255 motion. Upon careful review of the record, we have determined that the district court erred when it dismissed White’s motion as untimely. See 28 U.S.C. § 2255(f)(1). Nevertheless, we hold that jurists of reason would not find it debatable whether White’s claim was procedurally defaulted, or whether his petition states a valid claim of the denial of a constitutional right. See Slack v. McDaniel, 529 U.S. 473, 484 (2000) (COA standard). Accordingly, White’s request for a certificate of appealability is denied. ______________________________

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