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Barbee v. Keller

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
Feb 26, 2013
511 F. App'x 255 (4th Cir. 2013)

Opinion

No. 12-8045

02-26-2013

DARRELL WADE BARBEE, Petitioner - Appellant, v. ALVIN WILLIAM KELLER, JR., Respondent - Appellee.

Darrell Wade Barbee, Appellant Pro Se. Clarence Joe DelForge, III, NORTH CAROLINA DEPARTMENT OF JUSTICE, Raleigh, North Carolina, for Appellee.


UNPUBLISHED

Appeal from the United States District Court for the Middle District of North Carolina, at Greensboro. Catherine C. Eagles, District Judge. (1:11-cv-00238-CCE-LPA) Before AGEE and DAVIS, Circuit Judges, and HAMILTON, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Darrell Wade Barbee, Appellant Pro Se. Clarence Joe DelForge, III, NORTH CAROLINA DEPARTMENT OF JUSTICE, Raleigh, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Darrell Wade Barbee seeks to appeal the district court's order accepting the recommendation of the magistrate judge and dismissing as untimely his 28 U.S.C. § 2254 (2006) 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) (2006). 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) (2006). 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 v. McDaniel, 529 U.S. 473, 484-85 (2000).

We have independently reviewed the record and conclude that Barbee has not made the requisite showing. Accordingly, we deny Barbee's motion for 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


Summaries of

Barbee v. Keller

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
Feb 26, 2013
511 F. App'x 255 (4th Cir. 2013)
Case details for

Barbee v. Keller

Case Details

Full title:DARRELL WADE BARBEE, Petitioner - Appellant, v. ALVIN WILLIAM KELLER, JR.…

Court:UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

Date published: Feb 26, 2013

Citations

511 F. App'x 255 (4th Cir. 2013)