Ronyell D. Morning, Sr. v. Harold Clark

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UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to proceed in forma pauperis (FRAP 24) [1000099808-2] Originating case number: 1:16-cv-00296-TSE-JFA Copies to all parties and the district court/agency. [1000141399]. Mailed to: Ronyell D. Morning Sr.. [17-6542]

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Appeal: 17-6542 Doc: 15 Filed: 08/22/2017 Pg: 1 of 2 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 17-6542 RONYELL D. MORNING, SR., Petitioner - Appellant, v. HAROLD CLARKE, Director of VADOC, Respondent - Appellee. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. T.S. Ellis, III, Senior District Judge. (1:16-cv-00296-TSE-JFA) Submitted: August 17, 2017 Decided: August 22, 2017 Before KEENAN, THACKER, and HARRIS, Circuit Judges. Dismissed by unpublished per curiam opinion. Ronyell D. Morning, Sr., Appellant Pro Se. Benjamin Hyman Katz, Assistant Attorney General, Richmond, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. Appeal: 17-6542 Doc: 15 Filed: 08/22/2017 Pg: 2 of 2 PER CURIAM: Ronyell D. Morning, 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 Morning has not made the requisite showing. 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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