Alexander Cameron v. John Walrath

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 20-6325
ALEXANDER CAMERON,
Petitioner - Appellant,
v.
JOHN F. WALRATH, Warden,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern District of Virginia, at
Alexandria. T. S. Ellis, III, Senior District Judge. (1:20-cv-00051-TSE-JFA)
Submitted: July 23, 2020 Decided: July 28, 2020
Before WILKINSON, MOTZ, and RICHARDSON, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Alexander Cameron, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Alexander Cameron seeks to appeal the district court’s order dismissing his 28
U.S.C. § 2254 (2018) 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) (2018). 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) (2018).
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 Cameron has not
made the requisite showing. Accordingly, we deny a certificate of appealability, deny
leave to proceed in forma pauperis, and dismiss the appeal. We also deny Cameron’s
motions to identify the blood type of the victim and to appoint counsel. 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