U.S. Court of Appeals for the Fourth Circuit, 2014

LaJoel Rouse v. Eric Wilson

LaJoel Rouse v. Eric Wilson
U.S. Court of Appeals for the Fourth Circuit · Decided September 30, 2014 · Niemeyer, King, Hamilton
584 F. App'x 76

LaJoel Rouse v. Eric Wilson

Opinion

Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

LaJoel Theodore Rouse seeks to appeal the district court’s order denying relief on his 28 U.S.C. § 2241 (2012) petition, * construing the petition as a second or successive 28 U.S.C. § 2255 (2012) motion, and dismissing the motion for lack of jurisdiction. The district court’s order is not ap-pealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1)(B) (2012). 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) (2012). When the district court denies relief on procedural grounds, the prisoner must demonstrate both that the dispositive procedural ruling is debatable and that the petition states a debatable claim of the denial of a constitutional right. Slack v. McDaniel, 529 U.S. 473, 484-85, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000).

We have independently reviewed the record and conclude that Rouse has not made the requisite showing. Accordingly, we deny a certificate of appealability, deny leave to proceed in forma pauperis, 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.

*

The district court properly determined that Rouse could not proceed with his claims under § 2241. See United States v. Poole, 531 F.3d 263, 267 n. 7 (4th Cir. 2008); In re: Jones, 226 F.3d 328, 333 (4th Cir. 2000).

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