USCA4 Appeal: 23-6978 Doc: 9 Filed: 02/06/2024 Pg: 1 of 2

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 23-6978

GRANT PAUL DALTON,

Petitioner - Appellant,

v.

ALAN Z. THORNBURG, Judge,

Respondent - Appellee.

Appeal from the United States District Court for the Western District of North Carolina, at Asheville. Martin K. Reidinger, Chief District Judge. (1:23-cv-00039-MR)

Submitted: January 30, 2024 Decided: February 6, 2024

Before KING, AGEE, and THACKER, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Grant Paul Dalton, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 23-6978 Doc: 9 Filed: 02/06/2024 Pg: 2 of 2

PER CURIAM:

Grant Paul Dalton, a state pretrial detainee, seeks to appeal the district court’s order

dismissing without prejudice his

petition. The order is not appealable

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

(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,

(2012) (citing

Slack v. McDaniel,

(2000)).

We have independently reviewed the record and conclude that Dalton 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.

DISMISSED

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