UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 21-6327

MACEO GARDNER,

Petitioner - Appellant,

v.

DEPARTMENT OF JUSTICE,

Respondent - Appellee.

Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Louise W. Flanagan, District Judge. (5:20-hc-02141-FL)

Submitted: November 18, 2021 Decided: November 19, 2021

Before MOTZ, THACKER, and HARRIS, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Maceo Gardner, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Maceo Gardner seeks to appeal the district court’s order dismissing his

petition as unauthorized and successive. The order is not appealable unless a circuit

justice or judge issues a certificate of appealability. See

(c)(1)(A). A

certificate of appealability will not issue absent “a substantial showing of the denial of a

constitutional right.”

(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 petition states a debatable claim of the denial of a

constitutional right. Gonzalez v. Thaler,

(2012) (citing Slack v.

McDaniel,

(2000)).

Limiting our review of the record to the issues raised in Gardner’s informal brief,

we conclude that Gardner has not made the requisite showing. See 4th Cir. R. 34(b); see

also Jackson v. Lightsey,

(4th Cir. 2014) (“The informal brief is an

important document; under Fourth Circuit rules, our review is limited to issues preserved

in that brief.”). Accordingly, we deny a certificate of appealability 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

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