Opinion
23-6764
10-03-2023
ALPHONZA L.P. THOMAS-BEY, Petitioner - Appellant, v. JOHN STINE, Respondent - Appellee.
Alphonza L.P Thomas-Bey, Appellant Pro Se.
UNPUBLISHED
Submitted: September 28, 2023
Appeal from the United States District Court for the Middle District of North Carolina, at Greensboro. Thomas D. Schroeder, District Judge. (1:23-cv-00035-TDS-JEP)
Alphonza L.P Thomas-Bey, Appellant Pro Se.
Before NIEMEYER, THACKER, and RUSHING, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Alphonza L.P. Thomas-Bey seeks to appeal the district court's order accepting the recommendation of the magistrate judge; dismissing Thomas-Bey's 28 U.S.C. § 2254 petition as an unauthorized, successive § 2254 petition; and denying Thomas-Bey's related motions. 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 Thomas-Bey has not made 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.