Victor Torres v. Kathleen Green

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion certificate of appealability denied (Local Rule 22(a)) [999886334-2], Originating case number: 1:16-cv-00372-RDB Copies to all parties and the district court. [999952096]. Mailed to: Victor Angel Torres. [16-6888]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 16-6888

VICTOR ANGEL TORRES,
Petitioner - Appellant,
v.
WARDEN KATHLEEN GREEN; OFFICE OF THE ATTORNEY GENERAL OF
MARYLAND,
Respondents - Appellees.

Appeal from the United States District Court for the District of
Maryland, at Baltimore.
Richard D. Bennett, District Judge.
(1:16-cv-00372-RDB)

Submitted:

October 18, 2016

Decided:

October 21, 2016

Before WILKINSON, KING, and FLOYD, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Victor Angel Torres, Appellant Pro Se.
Edward John Kelley,
OFFICE OF THE ATTORNEY GENERAL OF MARYLAND, Baltimore, Maryland,
for Appellees.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Victor Angel Torres seeks to appeal the district court’s
order

dismissing

petition.

as

untimely

his

28

U.S.C.

§

2254

The order is not appealable unless a circuit justice

or judge issues a certificate of appealability.
2253(c)(1)(A) (2012).
issue

(2012)

absent

“a

A certificate of appealability will not

substantial

constitutional right.”

28 U.S.C. §

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.
By failing to challenge the district court’s dispositive
holdings in his informal brief, Torres has waived his right to
challenge the district court’s order.

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

Our independent review of the record nonetheless confirms the
district

court’s

dispositive

holdings.

2

Accordingly,

we

deny

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Torres’ motion for a certificate of appealability and dismiss
the appeal.
We dispense with oral 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

3