John Green v. Robert Jone

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion certificate of appealability (Local Rule 22(a)) [998669739-2] Originating case number: 5:10-hc-02195-FL Copies to all parties and the district court/agency. [998722460]. Mailed to: John Green. [11-7159]

Appeal: 11-7159

Document: 11

Date Filed: 11/15/2011

Page: 1 of 3

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 11-7159

JOHN CHRISTOPHER GREEN,
Petitioner - Appellant,
v.
ROBERT JONES,
Respondent - Appellee.

Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh.
Louise W. Flanagan,
Chief District Judge. (5:10-hc-02195-FL)

Submitted:

November 3, 2011

Decided:

November 15, 2011

Before KING, GREGORY, and DAVIS, Circuit Judges.

Dismissed by unpublished per curiam opinion.

John Christopher Green, Appellant
DelForge, III, Assistant Attorney
Carolina, for Appellee.

Pro Se.
General,

Clarence Joe
Raleigh, North

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
John Christopher Green 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

§ 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.
and conclude

that

Accordingly,

we

Slack,

We have independently reviewed the record
Green

deny

has
the

not

made

motion

appealability and dismiss the appeal.

the
for

requisite
a

showing.

certificate

of

We dispense with oral

argument because the facts and legal contentions are adequately

2

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presented in the materials before the court and argument would
not aid the decisional process.
DISMISSED

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