Cornelius Nobles v. Willie Davi

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 5:09-hc-02122-BO Copies to all parties and the district court/agency. [998666378]. Mailed to: Nobles. [11-6598]

Appeal: 11-6598

Document: 11

Date Filed: 08/30/2011

Page: 1 of 3

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 11-6598

CORNELIUS ALVIN NOBLES,
Petitioner - Appellant,
v.
WILLIE DAVIS,
Respondent - Appellee.

Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh.
Terrence W. Boyle,
District Judge. (5:09-hc-02122-BO)

Submitted:

August 25, 2011

Decided:

August 30, 2011

Before MOTZ, DUNCAN, and KEENAN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Cornelius Alvin Nobles, Appellant
DelForge, III, Assistant Attorney
Carolina, for Appellee.

Pro Se.
General,

Clarence Joe
Raleigh, North

Unpublished opinions are not binding precedent in this circuit.

Appeal: 11-6598

Document: 11

Date Filed: 08/30/2011

Page: 2 of 3

PER CURIAM:
Cornelius Alvin Nobles seeks to appeal the district
court’s order dismissing his 28 U.S.C. § 2254 (2006) petition as
untimely.
or

judge

The order is not appealable unless a circuit justice
issues

a

certificate

§ 2253(c)(1)(A) (2006).
issue

absent

“a

appealability.

28

U.S.C.

A certificate of appealability will not

substantial

constitutional right.”

of

showing

of

the

denial

28 U.S.C. § 2253(c)(2) (2006).

of

a

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

Cockrell,

(2000);

(2003).

see

Miller-El

v.

537

U.S.

322,

336-38

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.

Slack,

We have independently reviewed the record

and conclude that Nobles 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

2

Appeal: 11-6598

before

Document: 11

the

court

Date Filed: 08/30/2011

and

argument

would

Page: 3 of 3

not

aid

the

decisional

process.

DISMISSED

3