LAW.coLAW.co

Jermaine Lamont WILSON, Petitioner-Appellant, v. Kieran J. SHANAHAN, Respondent-Appellee

United States Court of Appeals for the Fourth Circuit2014-05-01No. No. 13-7691
570 F. App'x 303

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURÍAM:

Jermaine Lamont Wilson seeks to appeal the district court’s order denying, as untimely, his 28 U.S.C. § 2254 (2012) petition. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. See 28 U.S.C. § 2258(c)(1)(A) (2012). A certificate of ap-pealability will not issue absent “a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(e)(2) (2012). 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. Slack v. McDaniel, 529 U.S. 473, 484-85, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000).

We have independently reviewed the record and conclude that Wilson has not made the requisite showing. Accordingly, we deny Wilson leave to proceed in forma pauperis, 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.