Rodney Cobbs v. State of North Carolina

USCA4 Appeal: 25-6231 Doc: 8 Filed: 07/29/2025 Pg: 1 of 2 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 25-6231 RODNEY ELROY COBBS, Petitioner - Appellant, v. STATE OF NORTH CAROLINA; TABOR CORRECTIONAL INSTITUTION, Respondents - Appellees. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Richard E. Myers, II, Chief District Judge. (5:24-hc-02130-M-RJ) Submitted: July 24, 2025 Decided: July 29, 2025 Before NIEMEYER, AGEE, and HEYTENS, Circuit Judges. Dismissed by unpublished per curiam opinion. Rodney Elroy Cobbs, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 25-6231 Doc: 8 Filed: 07/29/2025 Pg: 2 of 2 PER CURIAM: Rodney Elroy Cobbs seeks to appeal the district court’s order dismissing without prejudice his 28 U.S.C. § 2254 petition for failure to exhaust state court remedies. 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 Cobbs 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