United States v. Omari Mason

Opinion

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UNPUBLISHED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Dismissed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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