Guillermo Pineda-Bentacourt v. Frank L. Perry
Filing
UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to proceed in forma pauperis (FRAP 24) [999592852-2]; denying for certificate of appealability Originating case number: 5:14-hc-02148-BO Copies to all parties and the district court/agency. [999629030]. Mailed to: Pineda-Bentacourt. [15-6663]
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-6663
GUILLERMO PINEDA-BENTACOURT,
Petitioner - Appellant,
v.
FRANK L. PERRY; CYNTHIA THORNTON,
Respondents - Appellees.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh.
Terrence W. Boyle,
District Judge. (5:14-hc-02148-BO)
Submitted:
July 23, 2015
Decided:
July 28, 2015
Before NIEMEYER and KING, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Guillermo Pineda-Bentacourt, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
Guillermo
Pineda-Bentacourt
seeks
to
appeal
the
district
court’s order dismissing as untimely his 28 U.S.C. § 2254 (2012)
petition.
judge
The order is not appealable unless a circuit justice or
issues
a
certificate
§ 2253(c)(1)(A) (2012).
issue
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
(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
Pineda-Bentacourt
has
not
made
the
requisite
showing.
Accordingly, we deny a certificate of appealability, deny leave to
proceed in forma pauperis, and dismiss the appeal.
We dispense
with oral argument because the facts and legal contentions are
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adequately
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presented
in
the
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materials
before
this
court
and
argument would not aid the decisional process.
DISMISSED
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