Dewayne Minor v. Warden ( 2020 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 20-6455
DEWAYNE ANTHONY MINOR,
Petitioner - Appellant,
v.
WARDEN, Sussex I State Prison,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern District of Virginia, at
Richmond. Roderick Charles Young, Magistrate Judge. (3:19-cv-00531-RCY)
Submitted: August 25, 2020 Decided: August 28, 2020
Before KING and AGEE, Circuit Judges, and SHEDD, Senior Circuit Judge.
Dismissed by unpublished per curiam opinion.
Dewayne Anthony Minor, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Dewayne Anthony Minor seeks to appeal the magistrate judge’s order dismissing
as untimely Minor’s 28 U.S.C. § 2254 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)). The order is not appealable unless a circuit justice or judge issues a
certificate of appealability. 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, as here, the magistrate judge 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 Minor 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
*
The parties consented to the magistrate judge’s jurisdiction. 28 U.S.C. § 636(c).
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