United States of America v. Kejuan Tizom Shabazz Smith, a/k/a Bobby

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 22-6708
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
KEJUAN TIZOM SHABAZZ SMITH, a/k/a Bobby,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern District of North Carolina, at
Wilmington. James C. Dever III, District Judge. (7:16-cr-00120-D-1, 7:20-cv-00143-D)
Submitted: November 2, 2022 Decided: November 3, 2022
Before AGEE and WYNN, Circuit Judges, and MOTZ, Senior Circuit Judge.
Dismissed by unpublished per curiam opinion.
Kejuan Tizom Shabazz Smith, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Kejuan Tizom Shabazz Smith seeks to appeal the district court’s order dismissing
as untimely his 28 U.S.C. § 2255 motion. See Whiteside v. United States, 775 F.3d 180,
182-83 (4th Cir. 2014) (en banc) (explaining that § 2255 motions are subject to one-year
statute of limitations, running from latest of four commencement dates enumerated in 28
U.S.C. § 2255(f)). The order is not appealable unless a circuit justice or judge issues a
certificate of appealability. 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, as here, 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 Smith 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

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