US v. Jonathan Cornish

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to proceed in forma pauperis (FRAP 24) [999499360-2], updating certificate of appealability status Originating case number: 1:07-cr-00604-RDB-1,1:13-cv-03119-RDB Copies to all parties and the district court. [999567718]. Mailed to: Jonathan Cornish. [14-7722]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 14-7722

UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
JONATHAN CORNISH,
Defendant - Appellant.

Appeal from the United States District Court for the District of
Maryland, at Baltimore.
Richard D. Bennett, District Judge.
(1:07-cr-00604-RDB-1; 1:13-cv-03119-RDB)

Submitted:

April 16, 2015

Decided:

April 20, 2015

Before AGEE and KEENAN, Circuit Judges, and HAMILTON, Senior
Circuit Judge.

Dismissed by unpublished per curiam opinion.

Jonathan Cornish, Appellant Pro Se. Rod J. Rosenstein, United
States Attorney, John Francis Purcell, Jr., Assistant United
States Attorney, Baltimore, Maryland, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Jonathan Cornish seeks to appeal the district court’s order
dismissing as untimely his 28 U.S.C. § 2255 (2012) motion.

The

order is not appealable unless a circuit justice or judge issues
a

certificate

(2012).

of

appealability.

28

U.S.C.

§ 2253(c)(1)(B)

A certificate of appealability will not issue absent “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

U.S.

that

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

motion

states

claim of the denial of a constitutional right.

a

debatable

Slack, 529 U.S.

at 484-85.
We have independently reviewed the record and the informal
appellate

brief

requisite

showing.

appealability,

and

deny

dismiss the appeal.
facts

and

legal

conclude

that

Accordingly,
leave

to

Cornish
we

proceed

deny
in

has

not

made

the

a

certificate

of

forma

pauperis,

and

We dispense with oral argument because the

contentions

are
2

adequately

presented

in

the

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materials

before

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this

court

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and

argument

would

not

aid

the

decisional process.

DISMISSED

3