Demond White v. Chadwick Dotson

U.S. Court of Appeals for the Fourth Circuit

Demond White v. Chadwick Dotson

Opinion

USCA4 Appeal: 23-6765 Doc: 14 Filed: 02/06/2024 Pg: 1 of 2

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 23-6765

DEMOND ANTOINE WHITE,

Petitioner - Appellant,

v.

CHADWICK DOTSON, Director of Virginia Department of Corrections,

Respondent - Appellee.

Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Rossie David Alston, Jr., District Judge. (1:22-cv-00951-RDA-IDD)

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

Before KING, AGEE, and THACKER, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Demond Antoine White, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 23-6765 Doc: 14 Filed: 02/06/2024 Pg: 2 of 2

PER CURIAM:

Demond Antoine White seeks to appeal the district court’s order denying relief on

his

28 U.S.C. § 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 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)).

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

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

Jackson v. Lightsey,

775 F.3d 170, 177

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

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

brief.”). We therefore deny White’s motion for a transcript at government expense, 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

Reference

Status
Unpublished