US v. Larry Burleigh, No. 20-6052 (4th Cir. 2020)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 20-6052 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. LARRY ANTONIO BURLEIGH, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. Henry E. Hudson, Senior District Judge. (3:11-cr-00049-HEH-2; 3:16-cv00525-HEH) Submitted: May 11, 2020 Decided: May 18, 2020 Before GREGORY, Chief Judge, AGEE and THACKER, Circuit Judges. Dismissed by unpublished per curiam opinion. Larry Antonio Burleigh, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Larry Antonio Burleigh seeks to appeal the district court’s order denying relief on his 28 U.S.C. § 2255 (2018) motion and denying his Fed. R. Civ. P. 59(e) motion. The orders are not appealable unless a circuit justice or judge issues a certificate of appealability. See 28 U.S.C. § 2253(c)(1)(B) (2018). 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) (2018). 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 Burleigh 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 2

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