Robert Blankenship v. Chadwick Dotson, No. 23-6843 (4th Cir. 2023)
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 23-6843 ROBERT MCKINLEY BLANKENSHIP, Petitioner - Appellant, v. CHADWICK DOTSON, Respondent - Appellee. Appeal from the United States District Court for the Western District of Virginia, at Roanoke. James P. Jones, Senior District Judge. (7:23-cv-00174-JPJ-PMS) Submitted: December 19, 2023 Decided: December 27, 2023 Before HARRIS, QUATTLEBAUM, and BENJAMIN, Circuit Judges. Dismissed by unpublished per curiam opinion. Robert McKinley Blankenship, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Robert McKinley Blankenship seeks to appeal the district court’s orders dismissing as untimely his 28 U.S.C. § 2254 petition and denying reconsideration. The orders are 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 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). When 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 Blankenship has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the appeal. We deny Blankenship’s motion to compel counsel to release Blankenship’s case file and his motion to unseal records. 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
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