Victor Torres v. Kathleen Green


UNPUBLISHED PER CURIAM OPINION filed.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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Appeal: 16-6888 Doc: 7 Filed: 10/21/2016 Pg: 1 of 3 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-6888 VICTOR ANGEL TORRES, Petitioner - Appellant, v. WARDEN KATHLEEN GREEN; OFFICE OF THE ATTORNEY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 Dismissed by unpublished per curiam opinion.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 Unpublished opinions are not binding precedent in this circuit. Appeal: 16-6888 Doc: 7 Filed: 10/21/2016 Pg: 2 of 3 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 Appeal: 16-6888 Doc: 7 Filed: 10/21/2016 Pg: 3 of 3 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

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