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23-6844•United States of America v. Andra G. Green, a/k/a Giz, a/k/a Gizzle, a/k/a A. Gizzle, a/k/a Andra Gabrael Green,…
23-6844Court of Appeals for the Fourth CircuitJan 29, 2025
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 23-6844
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
ANDRA G. GREEN, a/k/a Giz, a/k/a Gizzle, a/k/a A. Gizzle, a/k/a Andra Gabrael
Green, a/k/a Andra Gabriel Green, Jr., a/k/a A.J.,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern District of Virginia, at
Newport News. Rebecca Beach Smith, Senior District Judge. (4:09-cr-00081-RBS-FBS-
7; 4:23-cv-00084-RBS)
Submitted: January 23, 2025 Decided: January 28, 2025
Before GREGORY, WYNN, and THACKER, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Andra G. Green, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
Andra G. Green seeks to appeal the district court’s order dismissing his 28 U.S.C.
§ 2255 motion as successive and unauthorized. The order is 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, 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 Green 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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