USCA4 Appeal: 24-6773 Doc: 12 Filed: 10/16/2024 Pg: 1 of 2

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 24-6773

WALTER TIMOTHY GAUSE,

Petitioner - Appellant,

v.

FRANK L. PERRY,

Respondent - Appellee.

Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Frank D. Whitney, District Judge. (3:16-cv-00631-FDW)

Submitted: October 10, 2024 Decided: October 16, 2024

Before WILKINSON and AGEE, Circuit Judges, and FLOYD, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Walter Timothy Gause, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 24-6773 Doc: 12 Filed: 10/16/2024 Pg: 2 of 2

PER CURIAM:

Walter Timothy Gause seeks to appeal the district court’s order construing his

postjudgment motions to amend as

petitions and dismissing them as

successive and unauthorized. 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)).

We have independently reviewed the record and conclude that Gause has not made

the requisite showing. Accordingly, we deny Gause’s motions for a transcript at

government expense and to amend appeal and take judicial notice, 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

2