Jerry Sayers v. Commonwealth of Virginia

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion-- [999421598-2], [999415282-2], [999395147-2], denying Motion to proceed in forma pauperis (FRAP 24) [999372363-2]; denying Motion for transcript at government expense [999369511-2], updating certificate of appealability status Originating case number: 7:14-cv-00119-GEC-RSB Copies to all parties and the district court/agency. [999450862]. Mailed to: Jerry Sayers. [14-6813]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 14-6813

JERRY DAVID SAYERS,
Petitioner - Appellant,
v.
COMMONWEALTH OF VIRGINIA,
Respondent - Appellee.

Appeal from the United States District Court for the Western
District of Virginia, at Roanoke.
Glen E. Conrad, Chief
District Judge. (7:14-cv-00119-GEC-RSB)

Submitted:

October 3, 2014

Decided:

October 7, 2014

Before WILKINSON and DIAZ, Circuit Judges, and DAVIS, Senior
Circuit Judge.

Dismissed by unpublished per curiam opinion.

Jerry David Sayers, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Jerry

David

Sayers

seeks

to

appeal

the

district

court’s order dismissing as untimely his 28 U.S.C. § 2254 (2012)
petition.
or

judge

The order is not appealable unless a circuit justice
issues

a

certificate

§ 2253(c)(1)(A) (2012).
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) (2012).

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.

Slack,

529 U.S. at 484-85.
We have independently reviewed the record and conclude
that Sayers has not made the requisite showing.

Accordingly, we

deny a certificate of appealability, deny leave to proceed in
forma

pauperis,

government

deny

expense

and

Sayers’s
his

motion

request

counsel, and dismiss the appeal.
2

for

for
the

transcripts

at

appointment

of

We dispense with oral argument

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because the facts and legal contentions are adequately presented
in the materials before this court and argument would not aid
the decisional process.
DISMISSED

3