Jefferey Hurley v. Harold Clarke
Filing
UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to proceed in forma pauperis (FRAP 24) [999195384-2]; denying Motion to compel [999195380-2]; denying Motion certificate of appealability (Local Rule 22(a)) [999183833-2], updating certificate of appealability status Originating case number: 2:12-cv-00408-RBS-TEM Copies to all parties and the district court/agency. [999266217]. Mailed to: Jeffery Hurley. [13-7370]
Appeal: 13-7370
Doc: 21
Filed: 12/24/2013
Pg: 1 of 2
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-7370
JEFFEREY A. HURLEY,
Petitioner - Appellant,
v.
HAROLD W. CLARKE, Director of the Virginia Department of
Corrections,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk.
Rebecca Beach Smith, Chief
District Judge. (2:12-cv-00408-RBS-TEM)
Submitted:
December 19, 2013
Decided:
December 24, 2013
Before SHEDD, DAVIS, and FLOYD, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Jefferey A. Hurley, Appellant Pro Se. Robert H. Anderson, III,
OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia,
for Appellee.
Unpublished opinions are not binding precedent in this circuit.
Appeal: 13-7370
Doc: 21
Filed: 12/24/2013
Pg: 2 of 2
PER CURIAM:
Jefferey
court’s
order
A.
Hurley
accepting
the
seeks
to
appeal
recommendation
of
the
the
district
magistrate
judge and dismissing as untimely his 28 U.S.C. § 2254 (2006)
petition. The order is not appealable unless a circuit justice
or
judge
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 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 v. McDaniel, 529 U.S.
473, 484-85 (2000).
We have independently reviewed the record and conclude
that Hurley has not made the requisite showing.
Accordingly, we
deny Hurley’s motion to compel and motion for a certificate of
appealability,
deny
dismiss the appeal.
facts
and
materials
legal
before
leave
to
proceed
in
forma
pauperis,
and
We dispense with oral argument because the
contentions
are
adequately
this
and
argument
court
presented
would
not
in
the
aid
the
decisional process.
DISMISSED
2
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