James Nero v. Warden

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 25-6354
JAMES NERO,
Petitioner - Appellant,
v.
WARDEN,
Respondent - Appellee.
Appeal from the United States District Court for the District of Maryland, at Baltimore.
Brendan A. Hurson, District Judge. (1:24-cv-03586-BAH)
Submitted: October 16, 2025 Decided: October 21, 2025
Before KING, AGEE, and RICHARDSON, Circuit Judges.
Dismissed by unpublished per curiam opinion.
James Nero, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
James Nero 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 Nero 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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