United States v. Andre Lindsay

USCA4 Appeal: 24-6171 Doc: 6 Filed: 03/03/2025 Pg: 1 of 2 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 24-6171 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. ANDRE FRANZ LINDSAY, Defendant - Appellant. Appeal from the United States District Court for the District of South Carolina, at Florence. Joseph Dawson, III, District Judge. (4:00-cr-00603-JD-9; 4:23-cv-03398-JD) Submitted: February 27, 2025 Decided: March 3, 2025 Before KING and QUATTLEBAUM, Circuit Judges, and TRAXLER, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Mark John Devine, LAW OFFICES OF MARK J. DEVINE, Charleston, South Carolina, for Appellant. Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 24-6171 Doc: 6 Filed: 03/03/2025 Pg: 2 of 2 PER CURIAM: Andre Franz Lindsay seeks to appeal the district court’s order dismissing his 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). 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 Lindsay 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 2