UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 12-8086
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
BOBBY LEE RAWLINGS,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh. Terrence W. Boyle,
District Judge. (5:06-cr-00160-BO-1; 5:11-cv-00338-BO)
Submitted: April 18, 2013 Decided: April 22, 2013
Before WILKINSON, GREGORY, and DAVIS, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Bobby Lee Rawlings, Appellant Pro Se. Matthew Fesak, Jane J.
Jackson, Rudolf A. Renfer, Jr., Assistant United States
Attorneys, Seth Morgan Wood, OFFICE OF THE UNITED STATES
ATTORNEY, Raleigh, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Bobby Lee Rawlings seeks to appeal the district
court’s orders dismissing as untimely his 28 U.S.C.A. § 2255
(West Supp. 2012) motion and denying his motions to compel
discovery. The orders are 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 Rawlings 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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