United States v. Omari Mason

USCA4 Appeal: 24-7066 Doc: 11 Filed: 10/09/2025 Pg: 1 of 2 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 24-7066 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. OMARI KEISAUN MASON, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. Henry E. Hudson, Senior District Judge. (3:21-cr-00057-HEH-MRC-1; 3:23- cv-00865-HEH) Submitted: August 21, 2025 Decided: October 9, 2025 Before KING, AGEE, and BENJAMIN, Circuit Judges. Dismissed by unpublished per curiam opinion. Daniel Scott Harawa, Adam Bret Murphy, NEW YORK UNIVERSITY SCHOOL OF LAW, New York, New York, for Appellant. Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 24-7066 Doc: 11 Filed: 10/09/2025 Pg: 2 of 2 PER CURIAM: Omari Keisaun Mason 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 Mason has not made the requisite showing. Accordingly, we deny the pending motion for a certificate of appealability, filed by pro bono counsel, 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