Maurice Fortune, III v. Mark Herring
UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion for transcript at government expense [999945855-2]; denying Motion to proceed in forma pauperis (FRAP 24) [999945829-2], denying certificate of appealability. Originating case number: 1:16-cv-00586-LO-TCB. Copies to all parties and the district court/agency. .. [16-7299]
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UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
MAURICE PATRICK FORTUNE, III,
Petitioner - Appellant,
MARK R. HERRING,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria.
Liam O’Grady, District
February 22, 2017
February 28, 2017
Before KING, AGEE, and FLOYD, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Maurice Patrick Fortune, III, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
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court’s order dismissing as untimely his 28 U.S.C. § 2254 (2012)
The order is not appealable unless a circuit justice
§ 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
Fortune has not made the requisite showing.
deny a certificate of appealability, deny leave to proceed in
forma pauperis, deny the motion for a transcript at government
expense and for a stay, and dismiss the appeal.
with oral argument because the facts and legal contentions are
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argument would not aid the decisional process.
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