Peter Gakuba v. Anthony Brown

U.S. Court of Appeals for the Fourth Circuit

Peter Gakuba v. Anthony Brown

Opinion

USCA4 Appeal: 25-6812 Doc: 11 Filed: 12/23/2025 Pg: 1 of 2

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 25-6812

PETER GAKUBA,

Petitioner - Appellant,

v.

ANTHONY G. BROWN,

Respondent - Appellee.

Appeal from the United States District Court for the District of Maryland, at Baltimore. Matthew James Maddox, District Judge. (1:25-cv-00415-MJM)

Submitted: December 18, 2025 Decided: December 23, 2025

Before NIEMEYER and BERNER, Circuit Judges, and TRAXLER, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Peter Gakuba, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 25-6812 Doc: 11 Filed: 12/23/2025 Pg: 2 of 2

PER CURIAM:

Peter Gakuba 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 Gakuba has not made

the requisite showing. Accordingly, we deny a certificate of appealability, deny Gakuba’s

pending motions, 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Unpublished