United States
v.
Foxworth

This case is not covered by Casetext's citator
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUITNov 7, 2018
No. 18-6594 (4th Cir. Nov. 7, 2018)

No. 18-6594

11-07-2018

UNITED STATES OF AMERICA, Plaintiff - Appellee, v. KENDRICK DION FOXWORTH, Defendant - Appellant.

Kendrick Dion Foxworth, Appellant Pro Se.


UNPUBLISHED

Appeal from the United States District Court for the District of South Carolina, at Florence. Terry L. Wooten, Chief District Judge. (4:12-cr-00356-TLW-1; 4:14-cv-00325-TLW) Before WILKINSON, HARRIS, and QUATTLEBAUM, Circuit Judges. Dismissed by unpublished per curiam opinion. Kendrick Dion Foxworth, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Kenneth Dion Foxworth seeks to appeal the district court's order denying relief on his 28 U.S.C. § 2255 (2012) motion. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1)(B) (2012). 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) (2012). When the district court denies relief on the merits, a prisoner satisfies this standard by demonstrating that reasonable jurists would find that the district court's assessment of the constitutional claims is debatable or wrong. Slack v. McDaniel, 529 U.S. 473, 484 (2000); see Miller-El v. Cockrell, 537 U.S. 322, 336-38 (2003). 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. Slack, 529 U.S. at 484-85.

We have independently reviewed the record and conclude that Foxworth has not made the requisite showing. Accordingly, we deny his motion for 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