Opinion
No. 20-7772
02-26-2021
WALTER TIMOTHY GAUSE, Petitioner - Appellant, v. ERIC A. HOOKS, Secretary of Department of Public Safety, Defendant - Appellee.
Walter Timothy Gause, Appellant Pro Se.
UNPUBLISHED
Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Martin K. Reidinger, Chief District Judge. (3:20-cv-00306-MR) Before MOTZ, KEENAN, and HARRIS, Circuit Judges. Dismissed by unpublished per curiam opinion. Walter Timothy Gause, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM:
Walter Timothy Gause seeks to appeal the district court's order dismissing his 28 U.S.C. § 2254 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). 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)).
We have independently reviewed the record and conclude that Gause has not made the requisite showing. Accordingly, although we grant Gause's motion to amend his informal opening brief, 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