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USCA4 Appeal: 23-6740 Doc: 13 Filed: 12/27/2023 Pg: 1 of 2 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 23-6740 DEVON ARMOND GAYLES, Petitioner - Appellant, v. STATE OF NORTH CAROLINA, Department of Public Safety, Respondent - Appellee. Appeal from the United States District Court for the Western District of North Carolina, at Asheville. Martin K. Reidinger, Chief District Judge. (1:23-cv-00105-MR) Submitted: December 19, 2023 Decided: December 27, 2023 Before HARRIS, QUATTLEBAUM, and BENJAMIN, Circuit Judges. Dismissed by unpublished per curiam opinion. Devon Armond Gayles, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 23-6740 Doc: 13 Filed: 12/27/2023 Pg: 2 of 2 PER CURIAM: Devon Armond Gayles seeks to appeal the district court’s order denying relief on his
28 U.S.C. § 2254petition. 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 Gayles has not made the requisite showing. Accordingly, we deny Gayles’ 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
Document Info
Docket Number: 23-6740
Filed Date: 12/27/2023
Precedential Status: Non-Precedential
Modified Date: 12/28/2023