John Kuplen v. Frank Perry
UNPUBLISHED PER CURIAM OPINION filed denying certificate of appealability. Originating case number: 1:14-cv-00598-WO-LPA. Copies to all parties and the district court. . Mailed to: John Kuplen. [15-7218]
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UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
JOHN EDWARD KUPLEN,
Petitioner – Appellant,
Respondent - Appellee.
Appeal from the United States District Court for the Middle
District of North Carolina, at Greensboro.
William L. Osteen,
Jr., Chief District Judge. (1:14-cv-00598-WO-LPA)
January 29, 2016
February 24, 2016
Before GREGORY, KEENAN, and HARRIS, Circuit Judges.
Dismissed by unpublished per curiam opinion.
John Edward Kuplen, Appellant Pro Se.
Clarence Joe DelForge,
III, Nicholaos George Vlahos, NORTH CAROLINA DEPARTMENT OF
JUSTICE, Raleigh, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
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John Edward Kuplen seeks to appeal the district court’s
order accepting the recommendation of the magistrate judge and
dismissing as untimely his 28 U.S.C. § 2254 (2012) petition.
The order is not appealable unless a circuit justice or judge
§ 2253(c)(1)(A) (2012).
A certificate of appealability will not
28 U.S.C. § 2253(c)(2) (2012).
district court denies relief on the merits, a prisoner satisfies
find that the district court’s assessment of the constitutional
claims is debatable or wrong.
Slack v. McDaniel, 529 U.S. 473,
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.
529 U.S. at 484-85.
We have independently reviewed the record and conclude that
Kuplen has not made the requisite showing.
Accordingly, we deny
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this court and argument would not aid the decisional process.
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