Sean Warren v. Reuben Young , 586 F. App'x 116 ( 2014 )


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  •                                UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 14-6917
    SEAN DEREK WARREN,
    Petitioner – Appellant,
    v.
    REUBEN F. YOUNG,
    Respondent - Appellee.
    Appeal from the United States District Court for the Middle
    District of North Carolina, at Greensboro.   William L. Osteen,
    Jr., Chief District Judge. (1:13-cv-00072-WO-LP)
    Submitted:   November 18, 2014               Decided:   December 1, 2014
    Before AGEE and      FLOYD,   Circuit   Judges,   and   HAMILTON,   Senior
    Circuit Judge.
    Dismissed by unpublished per curiam opinion.
    Sean Derek Warren, Appellant Pro Se. Clarence Joe DelForge, III,
    NORTH CAROLINA DEPARTMENT OF JUSTICE, Raleigh, North Carolina,
    for Appellee.
    Unpublished opinions are not binding precedent in this circuit.
    PER CURIAM:
    Sean Derek Warren seeks to appeal the district court’s
    order accepting the recommendation of the magistrate judge and
    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 the merits, a prisoner satisfies
    this    standard     by    demonstrating       that   reasonable      jurists    would
    find that the district court’s assessment of the constitutional
    claims is debatable or wrong.              Slack v. McDaniel, 
    529 U.S. 473
    ,
    484    (2000);     see    Miller-El   v.   Cockrell,     
    537 U.S. 322
    ,    336-38
    (2003).     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,
    
    529 U.S. at 484-85
    .
    We have independently reviewed the record and conclude
    that Warren 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
    2
    presented in the materials before this court and argument would
    not aid the decisional process.
    DISMISSED
    3
    

Document Info

Docket Number: 14-6917

Citation Numbers: 586 F. App'x 116

Filed Date: 12/1/2014

Precedential Status: Non-Precedential

Modified Date: 1/13/2023