David Meyers v. TODD E. ISHEE, NCDPS Prisons Director

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 22-6671
DAVID MEYERS,
Petitioner - Appellant,
v.
TODD E. ISHEE, NCDPS Prisons Director; DENISE JACKSON; PRESCOTT
WILLIAMS; ERICA A. HOOKS, NCDPS Secretary; ROY COOPER, NC-
Governor; TIMOTHY MOOSE, NCDPS Deputy Secretary; BRANDESHAWN
HARRIS, NCDPS Prisons Assistant Director,
Respondents - Appellees.
Appeal from the United States District Court for the Eastern District of Virginia, at
Richmond. M. Hannah Lauck, District Judge. (3:22-cv-00138-MHL-EWH)
Submitted: November 21, 2023 Decided: November 27, 2023
Before WILKINSON and NIEMEYER, Circuit Judges, and TRAXLER, Senior Circuit
Judge.
Dismissed by unpublished per curiam opinion.
David Meyers, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
David Meyers seeks to appeal the district court’s memorandum opinion and final
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 Meyers 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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