US v. Tony Taylor

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying for certificate of appealability Originating case number: 5:06-cr-00279-D-1,5:10-cv-00413-D Copies to all parties and the district court. [998798178]. Mailed to: T. Taylor. [11-7418]

Appeal: 11-7418

Document: 9

Date Filed: 02/28/2012

Page: 1 of 3

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 11-7418

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
TONY TAYLOR,
Defendant - Appellant.

Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh.
James C. Dever, III,
Chief District Judge. (5:06-cr-00279-D-1; 5:10-cv-00413-D)

Submitted:

February 23, 2012

Decided:

February 28, 2012

Before MOTZ, DAVIS, and DIAZ, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Tony Taylor, Appellant Pro Se.
Barbara
Jennifer P. May-Parker, Assistant United
Raleigh, North Carolina, for Appellee.

Dickerson Kocher,
States Attorneys,

Unpublished opinions are not binding precedent in this circuit.

Appeal: 11-7418

Document: 9

Date Filed: 02/28/2012

Page: 2 of 3

PER CURIAM:
Tony Taylor seeks to appeal the district court’s order
dismissing as untimely his 28 U.S.C.A. § 2255 (West Supp. 2011)
motion.
judge

The order is not appealable unless a circuit justice or
issues

a

certificate

§ 2253(c)(1)(B) (2006).
issue

absent

“a

of

28

U.S.C.

A certificate of appealability will not

substantial

constitutional right.”

appealability.

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 motion 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 Taylor 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: 11-7418

before

Document: 9

Date Filed: 02/28/2012

the

and

court

argument

would

Page: 3 of 3

not

aid

the

decisional

process.
DISMISSED

3