Juan Ocon-Parada v. S. Young

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UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 3:09-cv-00087-MHL Copies to all parties and the district court/agency. [998451976] [10-7142]

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Juan Ocon-Parada v. S. Young Doc. 0 Case: 10-7142 Document: 7 Date Filed: 10/25/2010 Page: 1 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-7142 JUAN CARLOS OCON-PARADA, a/k/a Juan Carlos Ocan-Parada, Petitioner Appellant, v. S. K. YOUNG, Warden, Respondent Appellee. Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. M. Hannah Lauck, Magistrate Judge. (3:09-cv-00087-MHL) Submitted: October 18, 2010 Decided: October 25, 2010 Before WILKINSON and DAVIS, Circuit Judges, and HAMILTON, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Juan Carlos Ocon-Parada, Appellant Pro Se. Alice Theresa Armstrong, OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. Dockets.Justia.com Case: 10-7142 Document: 7 Date Filed: 10/25/2010 Page: 2 PER CURIAM: Juan Carlos Ocon-Parada seeks to appeal the district court's order dismissing as untimely his 28 U.S.C. 2254 (2006) petition. or judge The order is not appealable unless a circuit justice issues a certificate of appealability. 28 U.S.C. 2253(c)(1) (2006). issue absent "a A certificate of appealability will not showing of the denial of a substantial constitutional right." 28 U.S.C. 2253(c)(2) (2006). 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. 484 (2000); see Miller-El v. Slack v. McDaniel, 529 U.S. 473, 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. 529 U.S. at 484-85. and conclude that Slack, We have independently reviewed the record Ocon-Parada has not made the requisite showing. Accordingly, we deny a certificate of appealability We dispense with oral argument because and dismiss the appeal. the facts and legal contentions are adequately presented in the 2 Case: 10-7142 Document: 7 Date Filed: 10/25/2010 Page: 3 materials before the court and argument would not aid the decisional process. DISMISSED 3

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