Marlon Canady v. Jeffery Kiser
UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 3:15-cv-00263-REP-RCY Copies to all parties and the district court/agency. . Mailed to: Canady. [15-8033]
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UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
Petitioner - Appellant,
JEFFERY B. KISER, Warden,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond.
Robert E. Payne, Senior
District Judge. (3:15-cv-00263-REP-RCY)
May 26, 2016
May 31, 2016
Before TRAXLER, Chief Judge, and NIEMEYER and FLOYD, Circuit
Dismissed by unpublished per curiam opinion.
Marlon Canady, Appellant Pro Se. Susan Mozley Harris, Assistant
Attorney General, Richmond, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
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Marlon Canady seeks to appeal the district court’s order
dismissing his 28 U.S.C. § 2254 (2012) petition as untimely.
order is not appealable unless a circuit justice or judge issues
a certificate of appealability.
See 28 U.S.C. § 2253(c)(1)(A)
A certificate of appealability will not issue absent “a
substantial showing of the denial of a constitutional right.”
U.S.C. § 2253(c)(2) (2012).
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
Slack, 529 U.S. at 484-85.
We have independently reviewed the record and conclude that
Canady has not made the requisite showing.
Accordingly, we deny
a certificate of appealability and dismiss the appeal. We dispense
with oral argument because the facts and legal contentions are
argument would not aid the decisional process.
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