History
  • No items yet
midpage
Henry Kinlaw v. Warden of Ridgeland
20-6930
| 4th Cir. | Nov 3, 2021
|
Check Treatment
|
Docket

*1 Before THACKER and RICHARDSON, Circuit Judges, and TRAXLER, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Henry Lee Kinlaw, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Henry Lee Kinlaw seeks to appeal the district court’s order accepting the recommendation of the magistrate judge and denying relief on Kinlaw’s 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 , 137 S. Ct. 759, 773-74 (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 Kinlaw has not made the requisite showing. Accordingly, we deny Kinlaw’s motion for 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: Henry Kinlaw v. Warden of Ridgeland
Court Name: Court of Appeals for the Fourth Circuit
Date Published: Nov 3, 2021
Docket Number: 20-6930
Court Abbreviation: 4th Cir.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.