548 FAPPX 950 - United States v. Raphael Rogers

                            UNPUBLISHED

                  UNITED STATES COURT OF APPEALS
                      FOR THE FOURTH CIRCUIT


                            No. 13-7713


UNITED STATES OF AMERICA,

                      Plaintiff – Appellee,

          v.

RAPHAEL WALTER ROGERS,

                      Defendant - Appellant.



Appeal from the United States District Court for the Eastern
District of North Carolina, at Wilmington. James C. Dever, III,
Chief District Judge. (7:10-cr-00108-D-1)


Submitted:   December 19, 2013            Decided:   December 24, 2013


Before SHEDD, DAVIS, and FLOYD, Circuit Judges.


Dismissed by unpublished per curiam opinion.


Raphael Walter Rogers, Appellant Pro Se. Timothy Severo, Denise
Walker, Augustus D. Willis, OFFICE OF THE UNITED STATES
ATTORNEY, Raleigh, North Carolina, for Appellee.


Unpublished opinions are not binding precedent in this circuit.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

            Raphael Rogers seeks to appeal the district court’s

order dismissing as untimely his

28 U.S.C.A. § 2255

 (West Supp.

2013) 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) (2006).                  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) (2006).             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 Rogers 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




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contentions   are   adequately   presented   in   the   materials   before

this court and argument would not aid the decisional process.



                                                               DISMISSED




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