Antwan Campbell v. Harold Clarke ( 2021 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 21-6084
ANTWAN DOMINIC CAMPBELL,
Petitioner - Appellant,
v.
HAROLD CLARKE, Director of D.O.C.,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern District of Virginia, at
Alexandria. Rossie David Alston, Jr., District Judge. (1:20-cv-01488-RDA-TCB)
Submitted: March 23, 2021 Decided: March 29, 2021
Before THACKER, QUATTLEBAUM, and RUSHING, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Antwan Dominic Campbell, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Antwan Dominic Campbell 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 Campbell has not
made the requisite showing. Accordingly, we deny Campbell’s motion for an evidentiary
hearing, 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