Andre Spates v. Johnny Hawkin
UNPUBLISHED PER CURIAM OPINION filed. Certificate of appealability denied, Motion to proceed in forma pauperis denied (FRAP 24) [999975990-2] Originating case number: 5:16-hc-02008-D Copies to all parties and the district court/agency. . Mailed to: Andre Michael Spates. [16-7548]
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UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
ANDRE MICHAEL SPATES,
Petitioner - Appellant,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh.
James C. Dever, III,
Chief District Judge. (5:16-hc-02008-D)
January 31, 2017
February 3, 2017
Before WILKINSON, KEENAN, and THACKER, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Andre Michael Spates, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
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Andre Michael Spates seeks to appeal the district court’s
order dismissing as time-barred and, alternatively, dismissing
as without merit his 28 U.S.C. § 2254 (2012) petition.
order is not appealable unless a circuit justice or judge issues
A certificate of appealability will not issue absent “a
substantial showing of the denial of a constitutional right.”
28 U.S.C. § 2253(c)(2) (2012).
When the district court denies
(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 the petition states a debatable
claim of the denial of a constitutional right.
Slack, 529 U.S.
We have independently reviewed the record and conclude that
Spates has not made the requisite showing.
Accordingly, we deny
a certificate of appealability, deny leave to proceed in forma
argument because the facts and legal contentions are adequately
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presented in the materials before this court and argument would
not aid the decisional process.
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