Egbert Francis, Jr. v. Mary Locklear

USCA4 Appeal: 25-6163 Doc: 8 Filed: 04/29/2025 Pg: 1 of 2 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 25-6163 EGBERT FRANCIS, JR., Petitioner - Appellant, v. WARDEN MARY LOCKLEAR, Respondent - Appellee. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Louise W. Flanagan, District Judge. (5:24-hc-02142-FL) Submitted: April 24, 2025 Decided: April 29, 2025 Before RICHARDSON and BENJAMIN, Circuit Judges, and TRAXLER, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Egbert Francis, Jr., Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 25-6163 Doc: 8 Filed: 04/29/2025 Pg: 2 of 2 PER CURIAM: Egbert Francis, Jr., 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 Francis 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 2