Kenneth H. Newkirk v. Unknown

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 24-6640
KENNETH H. NEWKIRK,
Petitioner - Appellant,
v.
UNKNOWN,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern District of Virginia, at
Richmond. Roderick Charles Young, District Judge. (3:24-cv-00398-RCY-MRC)
Submitted: November 19, 2024 Decided: November 22, 2024
Before QUATTLEBAUM, RUSHING, and BENJAMIN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Kenneth H. Newkirk, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Kenneth H. Newkirk seeks to appeal the district court’s order dismissing 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 the merits, a
prisoner satisfies this standard by demonstrating that reasonable jurists could find the
district court’s assessment of the constitutional claims debatable or wrong. See Buck v.
Davis, 580 U.S. 100, 115-17 (2017). 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)).
We have independently reviewed the record and conclude that Newkirk has not
made the requisite showing. Accordingly, we deny Newkirk’s pending motions, 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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