US v. Dushawn Gardner
UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 4:95-cr-00041-H-5,4:16-cv-00176-H Copies to all parties and the district court/agency. . Mailed to: D Gardner. [16-7255]
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UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
DUSHAWN LEVERT GARDNER, a/k/a Michael Archer, a/k/a Black,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Greenville.
Malcolm J. Howard,
Senior District Judge. (4:95-cr-00041-H-5; 4:16-cv-00176-H)
January 31, 2017
February 3, 2017
Before WILKINSON, KEENAN, and THACKER, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Dushawn Levert Gardner, Appellant Pro Se.
Jennifer P. MayParker,
Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
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Dushawn Levert Gardner seeks to appeal the district court’s
order dismissing as successive on his 28 U.S.C. § 2255 (2012)
The order is not appealable unless a circuit justice or
§ 2253(c)(1)(B) (2012).
A certificate of appealability will not
28 U.S.C. § 2253(c)(2) (2012).
district court denies relief on the merits, a prisoner satisfies
find that the district court’s assessment of the constitutional
claims is debatable or wrong.
Slack v. McDaniel, 529 U.S. 473,
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.
529 U.S. at 484-85.
We have independently reviewed the record and conclude that
Gardner has not made the requisite showing.
deny a certificate of appealability and dismiss the appeal.
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this court and argument would not aid the decisional process.
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