Darrell Goss v. Brian Kendall

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 21-6819
DARRELL L. GOSS,
Petitioner - Appellant,
v.
WARDEN BRIAN KENDALL,
Respondent - Appellee.
Appeal from the United States District Court for the District of South Carolina, at
Charleston. Bruce H. Hendricks, District Judge. (2:20-cv-04133-BHH)
Submitted: August 24, 2021 Decided: August 27, 2021
Before NIEMEYER and HARRIS, Circuit Judges, and SHEDD, Senior Circuit Judge.
Dismissed by unpublished per curiam opinion.
Darrell L. Goss, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Darrell L. Goss seeks to appeal the district court’s order adopting the
recommendation of the magistrate judge and dismissing his 28 U.S.C. § 2254 petition. The
district court’s 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 Goss did not make
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