WHITE v. UNITED STATES (2021)

[Unpublished]

Derrick J. White seeks a certificate of appealability following the district court's dismissal of his 28 U.S.C. § 2255 motion. Upon careful review of the record, we have determined that the district court erred when it dismissed White's motion as untimely. See 28 U.S.C. § 2255(f)(1). Nevertheless, we hold that jurists of reason would not find it debatable whether White's claim was procedurally defaulted, or whether his petition states a valid claim of the denial of a constitutional right. See Slack v. McDaniel, 529 U.S. 473, 484, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000) (COA standard). Accordingly, White's request for a certificate of appealability is denied.

PER CURIAM.