Dominique Ashley Childs v. CHADWICK DOTSON, Director

25-6387Court of Appeals for the Fourth Circuit3 set 2025

Testo completo

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 25-6387
DOMINIQUE ASHLEY CHILDS,
Petitioner - Appellant,
v.
CHADWICK DOTSON, Director,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern District of Virginia, at
Richmond. David J. Novak, District Judge. (3:25-cv-00091-DJN-MRC)
Submitted: August 28, 2025 Decided: September 3, 2025
Before GREGORY, QUATTLEBAUM, and HEYTENS, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Dominique Ashley Childs, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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2
PER CURIAM:
Dominique Ashley Childs 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 Childs 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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