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Sean Earl v. Commonwealth of Virginia, 21-6904 (2021)

Court: Court of Appeals for the Fourth Circuit Number: 21-6904 Visitors: 16
Filed: Sep. 14, 2021
Latest Update: Sep. 15, 2021
                                    UNPUBLISHED

                       UNITED STATES COURT OF APPEALS
                           FOR THE FOURTH CIRCUIT


                                      No. 21-6904


SEAN S. EARL,

                    Petitioner - Appellant,

             v.

COMMONWEALTH OF VIRGINIA,

                    Respondent - Appellee.



Appeal from the United States District Court for the Eastern District of Virginia, at
Richmond. Henry E. Hudson, Senior District Judge. (3:21-cv-00294-HEH-EWH)


Submitted: September 9, 2021                                Decided: September 14, 2021


Before MOTZ, KING, and WYNN, Circuit Judges.


Dismissed by unpublished per curiam opinion.


Sean S. Earl, Appellant Pro Se.


Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:

       Sean S. Earl seeks to appeal the district court’s order dismissing his 28 U.S.C.

§ 2254 petition as unauthorized and successive. 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)).

       Limiting our review of the record to the issues raised in Earl’s informal brief, we

conclude that Earl has not made the requisite showing. See 4th Cir. R. 34(b); see also

Jackson v. Lightsey, 
775 F.3d 170
, 177 (4th Cir. 2014) (“The informal brief is an important

document; under Fourth Circuit rules, our review is limited to issues preserved in that

brief.”). 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

Source:  CourtListener

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