UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 21-7180

BRANDON JAMES LEE,

Petitioner - Appellant,

v.

ERIK A. HOOKS, Secretary, NC Department of Public Safety; DENISE JACKSON, Warden, Central Prison,

Respondents - Appellees.

Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Terrence W. Boyle, District Judge. (5:20-hc-02067-BO)

Submitted: December 21, 2021 Decided: December 27, 2021

Before KING and QUATTLEBAUM, Circuit Judges, and TRAXLER, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Brandon James Lee, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

Brandon James Lee seeks to appeal the district court’s order denying relief on his

petition. 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 the district court denies relief on the merits, a

prisoner satisfies this standard by demonstrating that reasonable jurists could find the

district court’s assessment of the constitutional claims debatable or wrong. See Buck v.

Davis,

(2017). 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. Gonzalez v. Thaler,

, 140-41 (2012) (citing Slack v. McDaniel,

(2000)).

Limiting our review to the issues raised in Lee’s informal brief, we conclude that

Lee has not made the requisite showing. See 4th Cir. R. 34(b); 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 Lee’s motion for a certificate of appealability and dismiss the appeal. We deny as

unnecessary Lee’s motion for leave to use the district court’s record. 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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