Filed: Nov. 20, 2018
Latest Update: Mar. 03, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 18-7045 UNITED STATES AMERICA, Plaintiff - Appellee, v. CHADRIQUEZ DEVON WILLIAMS, Defendant - Appellant. Appeal from the United States District Court for the Western District of Virginia, at Danville. Michael F. Urbanski, Chief District Judge. (4:09-cr-00039-MFU-1; 4:18-cv- 81323-MFU) Submitted: November 15, 2018 Decided: November 20, 2018 Before MOTZ and HARRIS, Circuit Judges, and HAMILTON, Senior Circuit Judge. Dismissed b
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 18-7045 UNITED STATES AMERICA, Plaintiff - Appellee, v. CHADRIQUEZ DEVON WILLIAMS, Defendant - Appellant. Appeal from the United States District Court for the Western District of Virginia, at Danville. Michael F. Urbanski, Chief District Judge. (4:09-cr-00039-MFU-1; 4:18-cv- 81323-MFU) Submitted: November 15, 2018 Decided: November 20, 2018 Before MOTZ and HARRIS, Circuit Judges, and HAMILTON, Senior Circuit Judge. Dismissed by..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 18-7045
UNITED STATES AMERICA,
Plaintiff - Appellee,
v.
CHADRIQUEZ DEVON WILLIAMS,
Defendant - Appellant.
Appeal from the United States District Court for the Western District of Virginia, at
Danville. Michael F. Urbanski, Chief District Judge. (4:09-cr-00039-MFU-1; 4:18-cv-
81323-MFU)
Submitted: November 15, 2018 Decided: November 20, 2018
Before MOTZ and HARRIS, Circuit Judges, and HAMILTON, Senior Circuit Judge.
Dismissed by unpublished per curiam opinion.
Chadriquez Devon Williams, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Chadriquez Devon Williams seeks to appeal the district court’s order construing
his 28 U.S.C. § 2255 (2012) motion as successive and unauthorized and dismissing it on
that basis. 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 Williams 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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