Eric Poole v. Jeff Nines

U.S. Court of Appeals for the Fourth Circuit October 16, 2024

Opinion

USCA4 Appeal: 24-6740 Doc: 9 Filed: 10/16/2024 Pg: 1 of 2

No. 24-6740

Petitioner - Appellant,

Respondents - Appellees.

Appeal from the United States District Court for the District of Maryland, at Baltimore. Julie R. Rubin, District Judge. (1:22-cv-02234-JRR)

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Dismissed by unpublished per curiam opinion.

Eric Von Poole, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 24-6740 Doc: 9 Filed: 10/16/2024 Pg: 2 of 2

Eric Von Poole seeks to appeal the district court’s order dismissing his

28 U.S.C. § 2254

petition as an unauthorized, successive § 2254 petition. The order is not appealable

unless a circuit justice or judge issues a certificate of appealability. See

28 U.S.C. § 2253

(c)(1)(A). 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 petition 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 Poole has not made

the requisite showing. 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.