United States of America v. ALEXANDER RICKEY SHAW, JR., a/k/a Ruger Red

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 22-7122
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
ALEXANDER RICKEY SHAW, JR., a/k/a Ruger Red,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern District of North Carolina, at
Raleigh. James C. Dever III, District Judge. (5:19-cr-00355-D-2; 5:21-cv-00239-D)
Submitted: March 16, 2023 Decided: March 21, 2023
Before WILKINSON, AGEE, and HARRIS, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Alexander Rickey Shaw, Jr., Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Alexander Rickey Shaw, Jr. seeks to appeal the district court’s order accepting the
recommendation of the magistrate judge and denying relief on Shaw’s 28 U.S.C. § 2255
motion. 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 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, 580 U.S. 100, 115-17
(2017).
We have independently reviewed the record and conclude that Shaw 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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