Robert Henson v. Harold Clarke , 585 F. App'x 42 ( 2014 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 14-7092
ROBERT HENSON,
Petitioner - Appellant,
v.
HAROLD CLARKE, Director of Virginia Department of
Corrections,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. Claude M. Hilton, Senior
District Judge. (1:14-cv-00173-CMH-TCB)
Submitted: October 16, 2014 Decided: October 22, 2014
Before MOTZ, WYNN, and THACKER, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Robert Henson, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Robert Henson seeks to appeal the district court’s
order dismissing 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. 28 U.S.C.
§ 2253(c)(1)(A) (2012). 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) (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 (2000).
We have independently reviewed the record and conclude
that Henson has not made the requisite showing. Accordingly, we
deny a certificate of appealability, deny leave to proceed in
forma pauperis, 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
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