US v. Jimmy Dawkins

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 6:07-cr-01454-HMH-1,6:15-cv-02411-HMH Copies to all parties and the district court/agency. [999723181]. Mailed to: Jimmy Dawkins. [15-7373]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 15-7373

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JIMMY PRUITT DAWKINS,
Defendant - Appellant.

Appeal from the United States District Court for the District of
South Carolina, at Greenville.
Henry M. Herlong, Jr., Senior
District Judge. (6:07-cr-01454-HMH-1; 6:15-cv-02411-HMH)

Submitted:

December 17, 2015

Decided:

December 22, 2015

Before DIAZ and HARRIS, Circuit Judges, and HAMILTON, Senior
Circuit Judge.

Dismissed by unpublished per curiam opinion.

Jimmy Pruitt Dawkins, Appellant Pro Se.
Maxwell B. Cauthen,
III,
Assistant
United States
Attorney,
Greenville,
South
Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Jimmy Pruitt Dawkins 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

§ 2253(c)(1)(B) (2012).
issue

absent

“a

of

appealability.

U.S.C.

A certificate of appealability will not

substantial

constitutional right.”

28

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 motion states a
debatable claim of the denial of a constitutional right.

Slack,

529 U.S. at 484-85.
On appeal, we confine our review to the issues raised in
the Appellant’s brief.

See 4th Cir. R. 34(b).

Because Dawkins’

informal brief does not challenge the basis for the district
court’s disposition, Dawkins has forfeited appellate review of
the

court’s

order.

Accordingly,

we

appealability and dismiss the appeal.
2

deny

a

certificate

of

We dispense with oral

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argument because the facts and legal contentions are adequately
presented in the materials before this court and argument would
not aid the decisional process.

DISMISSED

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