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WHITE v. UNITED STATES (2021)

United States Court of Appeals, Eighth Circuit.2021-04-12No. No. 21-1179

Authorities cited

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Opinion

[Unpublished]

Derrick J. White seeks a certificate of appealability following the district courts 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 Whites motion as untimely. See 28 U.S.C. § 2255(f)(1). Nevertheless, we hold that jurists of reason would not find it debatable whether Whites 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, Whites request for a certificate of appealability is denied.

PER CURIAM.