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Michael Berry v. Commonwealth of Virginia
21-7224
| 4th Cir. | Nov 30, 2021
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*1 Before NIEMEYER, FLOYD, and RUSHING, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Michael Allen Berry, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Michael Allen Berry 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 Berry 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

2

Case Details

Case Name: Michael Berry v. Commonwealth of Virginia
Court Name: Court of Appeals for the Fourth Circuit
Date Published: Nov 30, 2021
Docket Number: 21-7224
Court Abbreviation: 4th Cir.
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