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United States v. Edwin Pennix, 20-6888 (2020)

Court: Court of Appeals for the Fourth Circuit Number: 20-6888 Visitors: 28
Filed: Sep. 29, 2020
Latest Update: Sep. 29, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 20-6888 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. EDWIN MAURICE PENNIX, Defendant - Appellant. Appeal from the United States District Court for the Middle District of North Carolina, at Greensboro. Catherine C. Eagles, District Judge. (1:16-cr-00074-CCE-1; 1:17-cv-00186- CCE-LPA) Submitted: September 24, 2020 Decided: September 29, 2020 Before HARRIS and RICHARDSON, Circuit Judges, and TRAXLER, Senior Circuit Judge. D
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                                    UNPUBLISHED

                       UNITED STATES COURT OF APPEALS
                           FOR THE FOURTH CIRCUIT


                                      No. 20-6888


UNITED STATES OF AMERICA,

                    Plaintiff - Appellee,

             v.

EDWIN MAURICE PENNIX,

                    Defendant - Appellant.



Appeal from the United States District Court for the Middle District of North Carolina, at
Greensboro. Catherine C. Eagles, District Judge. (1:16-cr-00074-CCE-1; 1:17-cv-00186-
CCE-LPA)


Submitted: September 24, 2020                               Decided: September 29, 2020


Before HARRIS and RICHARDSON, Circuit Judges, and TRAXLER, Senior Circuit
Judge.


Dismissed by unpublished per curiam opinion.


Edwin Maurice Pennix, Appellant Pro Se.


Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:

       Edwin Maurice Pennix seeks to appeal the district court’s order accepting the

recommendation of the magistrate judge and denying relief on Pennix’s 28 U.S.C. § 2255

motion. 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 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, 
137 S. Ct. 759
, 773-74

(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, 
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 Pennix 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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