Charles Butler v. Gregory Holloway

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to proceed in forma pauperis (FRAP 24) [999539030-2]; denying Motion to appoint/assign counsel [999530838-2] Originating case number: 1:14-cv-00243-LO-TRJ Copies to all parties and the district court/agency. [999680317]. Mailed to: appellant. [15-6131]

Appeal: 15-6131

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 15-6131

CHARLES LORENZO BUTLER,
Petitioner - Appellant,
v.
GREGORY HOLLOWAY, Warden,
Respondent - Appellee.

Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria.
Liam O’Grady, District
Judge. (1:14-cv-00243-LO-TRJ)

Submitted:

October 15, 2015

Decided:

October 19, 2015

Before WILKINSON, AGEE, and HARRIS, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Charles Lorenzo Butler, Appellant Pro Se.
Craig Stallard,
Assistant Attorney General, Richmond, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Charles Lorenzo Butler seeks to appeal the district court’s
order

dismissing

petition.
or

judge

as

untimely

28

U.S.C.

§

2254

(2012)

The order is not appealable unless a circuit justice
issues

a

certificate

§ 2253(c)(1)(A) (2012).
issue

his

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) (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
Butler has not made the requisite showing.
a

certificate

of

appealability,

deny

Accordingly, we deny
Butler’s

motion

for

appointment of counsel, deny leave to proceed in forma pauperis,
and dismiss the appeal.

We dispense with oral argument because

the facts and legal contentions are adequately presented in the
2

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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