Charles Watson v. Brad Perritt

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion certificate of appealability (Local Rule 22(a)) [999388157-2]; denying Motion to proceed in forma pauperis (FRAP 24) [999388148-2]; denying Motion for consideration as moot [999460251-2]. Originating case number: 5:13-hc-02221-BO. Copies to all parties and the district court/agency. [999469706]. Mailed to: Charles Watson. [14-6926]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 14-6926

CHARLES WATSON,
Petitioner - Appellant,
v.
BRAD PERRITT,
Respondent - Appellee.

Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh.
Terrence W. Boyle,
District Judge. (5:13-hc-02221-BO)

Submitted:

October 24, 2014

Decided:

November 5, 2014

Before NIEMEYER, MOTZ, and KEENAN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Charles Watson, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Charles Watson seeks to appeal the district court’s
orders

dismissing

as

untimely

his

28

U.S.C.

§

2254

petition and denying his motion for reconsideration.

(2012)

The orders

are not appealable unless a circuit justice or judge issues a
certificate of appealability.

28 U.S.C. § 2253(c)(1)(A) (2012);

Reid

363,

v.

Angelone,

certificate

of

369

F.3d

appealability

369

will

(4th
not

Cir.

2004).
absent

issue

A
“a

substantial showing of the denial of a constitutional right.”
28 U.S.C. § 2253(c)(2) (2012).
relief

on

the

demonstrating
district

merits,
that

court’s

debatable

or

a

When the district court denies

prisoner

reasonable

assessment

wrong.

Slack

satisfies

jurists

this

would

of

the

v.

McDaniel,

standard

find

that

U.S.

the

claims

constitutional
529

by

is

473,

484

(2000); see Miller-El v. Cockrell, 537 U.S. 322, 336-38 (2003).
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 Watson has not made the requisite showing.

Accordingly, we

deny Watson’s motion for a certificate of appealability, deny
leave

to

proceed

in

forma

pauperis,
2

deny

his

motion

for

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consideration as moot, and dismiss the appeal.

We dispense with

oral

contentions

argument

adequately

because

presented

in

the
the

facts

and

materials

legal
before

this

court

are
and

argument would not aid the decisional process.
DISMISSED

3