Richard Lavonte Blanks, Sr. v. Warden Graham


UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to proceed in forma pauperis (FRAP 24) [999997803-2] Originating case number: 1:16-cv-00624-JFM Copies to all parties and the district court/agency. [1000090025]. Mailed to: Richard Lavonte Blanks Sr. MARYLAND CORRECTIONAL INSTITUTION - JESSUP P. O. Box 549 Jessup, MD 20794-0000. [16-7693]

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Appeal: 16-7693 Doc: 13 Filed: 05/30/2017 Pg: 1 of 2 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-7693 RICHARD LAVONTE BLANKS, SR., Petitioner - Appellant, v. WARDEN GRAHAM; BRIAN FROSH, The Attorney General of the State of Maryland, Respondents - Appellees. Appeal from the United States District Court for the District of Maryland, at Baltimore. J. Frederick Motz, Senior District Judge. (1:16-cv-00624-JFM) Submitted: May 22, 2017 Decided: May 30, 2017 Before NIEMEYER, DUNCAN, and THACKER, Circuit Judges. Dismissed by unpublished per curiam opinion. Richard Lavonte Blanks, Sr., Appellant Pro Se. Edward John Kelley, OFFICE OF THE ATTORNEY GENERAL OF MARYLAND, Baltimore, Maryland, for Appellee. Unpublished opinions are not binding precedent in this circuit. Appeal: 16-7693 Doc: 13 Filed: 05/30/2017 Pg: 2 of 2 PER CURIAM: Richard Lavonte Blanks, Sr., seeks to appeal the district court’s order dismissing as untimely his 28 U.S.C. § 2254 (2012) petition. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1)(A) (2012). 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 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 MillerEl 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. at 484-85. We have independently reviewed the record and conclude that, even if Blanks could show that he was entitled to equitable tolling rendering his petition timely, he has not made the requisite showing of the denial of a constitutional right. Accordingly, we deny a certificate of appealability, deny leave to proceed in forma pauperis, 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 2

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