United States of America v. Julia Teryaeva-Reed

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 21-6348
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JULIA TERYAEVA-REED,
Defendant - Appellant.
Appeal from the United States District Court for the District of Maryland, at Baltimore.
George L. Russell, III, District Judge. (1:14-cr-00207-GLR-1; 1:19-cv-02259-GLR)
Submitted: January 31, 2022 Decided: March 18, 2022
Before KING, DIAZ, and THACKER, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Julia Teryaeva-Reed, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Julia Teryaeva-Reed seeks to appeal the district court’s orders denying relief on her
28 U.S.C. § 2255 motion and denying her motion for reconsideration. 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). 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). 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 Teryaeva-Reed has
not made the requisite showing. Accordingly, we deny her motion for 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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