Michael Kovach v. Chadwick Dotson

USCA4 Appeal: 23-6637 Doc: 13 Filed: 02/14/2025 Pg: 1 of 2 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 23-6637 MICHAEL FORREST KOVACH, Petitioner - Appellant, v. CHADWICK DOTSON, Respondent - Appellee. Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. Henry E. Hudson, Senior District Judge. (3:22-cv-00175-HEH) Submitted: December 17, 2024 Decided: February 14, 2025 Before RICHARDSON, HEYTENS, and BERNER, Circuit Judges. Dismissed by unpublished per curiam opinion. Jonathan P. Sheldon, SHELDON & FLOOD, PLC, Fairfax, Virginia, for Appellant. Rosemary Virginia Bourne, OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 23-6637 Doc: 13 Filed: 02/14/2025 Pg: 2 of 2 PER CURIAM: Michael Forrest Kovach seeks to appeal the district court’s order denying relief on his 28 U.S.C. § 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 the merits, a prisoner satisfies this standard by demonstrating that reasonable jurists could find the district court’s assessment of the constitutional claims debatable or wrong. See Buck v. Davis, 580 U.S. 100, 115-17 (2017). We have independently reviewed the record and conclude that Kovach 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