United States of America v. Leonard Earl Roulhac

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 23-6851
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
LEONARD EARL ROULHAC,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern District of Virginia, at
Norfolk. Mark S. Davis, Chief District Judge. (2:09-cr-00115-MSD-TEM-1; 2:23-cv-
00034-MSD)
Submitted: November 21, 2023 Decided: November 28, 2023
Before WILKINSON and NIEMEYER, Circuit Judges, and TRAXLER, Senior Circuit
Judge.
Dismissed by unpublished per curiam opinion.
Leonard Earl Roulhac, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Leonard Earl Roulhac 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 Roulhac 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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