Edward Saunders v. Harold Clarke ( 2020 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 19-7745
EDWARD GERMAINE SAUNDERS,
Petitioner - Appellant,
v.
HAROLD W. CLARKE, Director, Virginia Department of Corrections,
Respondent - Appellee.
Appeal from the United States District Court for the Western District of Virginia, at
Roanoke. Michael F. Urbanski, Chief District Judge. (7:19-cv-00166-MFU-RSB)
Submitted: April 16, 2020 Decided: April 21, 2020
Before GREGORY, Chief Judge, and WYNN and DIAZ, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Edward Germaine Saunders, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Edward Germaine Saunders seeks to appeal the district court’s order dismissing as
untimely his 28 U.S.C. § 2254 (2018) petition. See Gonzalez v. Thaler, 565 U.S. 134, 148
& n.9 (2012) (explaining that § 2254 petitions are subject to one-year statute of limitations,
running from latest of four commencement dates enumerated in 28 U.S.C. § 2244(d)(1)
(2018)). The order is not appealable unless a circuit justice or judge issues a certificate of
appealability. 28 U.S.C. § 2253(c)(1)(A) (2018). 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) (2018). 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,
565 U.S. at 140-41 (citing Slack v. McDaniel, 529 U.S. 473, 484 (2000)).
We have independently reviewed the record and conclude that Saunders 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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