United States v. Kyle Thompson

USCA4 Appeal: 25-6129 Doc: 13 Filed: 01/28/2026 Pg: 1 of 2 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 25-6129 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. KYLE STEPHEN THOMPSON, Defendant - Appellant. Appeal from the United States District Court for the District of Maryland, at Greenbelt. Theodore D. Chuang, District Judge. (8:17-cr-00195-TDC-1; 8:24-cv-01986-TDC) Submitted: January 22, 2026 Decided: January 28, 2026 Before AGEE, RICHARDSON, and HEYTENS, Circuit Judges. Dismissed by unpublished per curiam opinion. Kyle Stephen Thompson, Appellant Pro Se. David Christian Bornstein, Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Baltimore, Maryland, for Appellee. Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 25-6129 Doc: 13 Filed: 01/28/2026 Pg: 2 of 2 PER CURIAM: Kyle Thompson seeks to appeal the district courts orders dismissing as untimely his 28 U.S.C. § 2255 motion and denying Thompson’s Fed. R. Civ. P. 59(e) motion for reconsideration. The orders are not appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1)(B). 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 motion 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 Thompson 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