Opinion
22-7274
05-26-2023
TEVIN BROCK, Petitioner - Appellant, v. HAROLD W. CLARKE, Director of Virginia Department of Corrections, Respondent - Appellee.
Tevin Brock, Appellant Pro Se.
UNPUBLISHED
Submitted: May 23, 2023
Appeal from the United States District Court for the Western District of Virginia, at Roanoke. James P. Jones, Senior District Judge. (7:21-cv-00585-JPJ-PMS)
Tevin Brock, Appellant Pro Se.
Dismissed by unpublished per curiam opinion.
Unpublished opinions are not binding precedent in this circuit.
Before AGEE, WYNN, and QUATTLEBAUM, Circuit Judges.
PER CURIAM:
Tevin Brock seeks to appeal the district court's order denying relief on his 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, 580 U.S. 100, 115-17 (2017).
Limiting our review of the record to the issues raised in Brock's informal brief, we conclude that he 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