Moses Faison v. State of North Carolina ( 2022 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 21-7596
MOSES LEON FAISON,
Petitioner - Appellant,
v.
STATE OF NORTH CAROLINA,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern District of North Carolina, at
Raleigh. Richard E. Myers, II, Chief District Judge. (5:20-hc-02164-M)
Submitted: March 29, 2022 Decided: April 1, 2022
Before HARRIS, QUATTLEBAUM, and HEYTENS, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Moses Leon Faison, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Moses Leon Faison seeks to appeal the district court’s order dismissing his 28
U.S.C. § 2254 petition without prejudice 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)).
Limiting our review of the record to the issues raised in Faison’s informal brief, we
conclude that Faison 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
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