Donald Wilson v. Frank Perry

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to proceed in forma pauperis (FRAP 24) [999457204-2]; denying Motion certificate of appealability (Local Rule 22(a)) [999448498-2]. Originating case number: 1:14-cv-00576-CCE-JLW Copies to all parties and the district court/agency. [999492629]. Mailed to: appellant. [14-7447]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 14-7447

DONALD GREG WILSON,
Petitioner - Appellant,
v.
FRANK PERRY,
Respondent - Appellee.

Appeal from the United States District Court for the Middle
District of North Carolina, at Greensboro. Catherine C. Eagles,
District Judge. (1:14-cv-00576-CCE-JLW)

Submitted:

December 5, 2014

Decided:

December 15, 2014

Before MOTZ, KING, and KEENAN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Donald Greg Wilson, Appellant Pro Se.
Clarence Joe DelForge,
III, NORTH CAROLINA DEPARTMENT OF JUSTICE, Raleigh, North
Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Donald

Greg

Wilson

seeks

to

appeal

the

district

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

The order is not appealable unless a circuit justice

or judge issues a certificate of appealability.
§ 2253(c)(1)(A) (2012).
issue

absent

“a

A certificate of appealability will not

substantial

constitutional right.”

See 28 U.S.C.

showing

of

the

denial

of

a

28 U.S.C. § 2253(c)(2) (2012).

When the district court denies relief on the merits, a
prisoner

satisfies

this

jurists

would

reasonable

standard
find

by

that

demonstrating

the

district

that

court’s

assessment of the constitutional claims is debatable or wrong.
Slack v. McDaniel, 529 U.S. 473, 484 (2000); see Miller-El v.
Cockrell, 537 U.S. 322, 336-38 (2003).
denies

relief

demonstrate

on

both

procedural

that

the

When the district court

grounds,

dispositive

the

prisoner

procedural

must

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 Wilson has not made the requisite showing.

Accordingly, we

deny his motion for a certificate of appealability, deny leave
to

proceed

dispense

in

with

forma

pauperis,

oral

argument

and

dismiss

because

2

the

the

appeal.

facts

and

We
legal

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contentions

are

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adequately

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presented

in

the

materials

before

this court and argument would not aid the decisional process.

DISMISSED

3