Opinion
22-7076
04-28-2023
WEBSTER R. NEUMANN, Petitioner - Appellant, v. MR. WEDELLE, Superintendent; STATE OF NORTH CAROLINA, Respondents - Appellees.
Webster R. Neumann, Appellant Pro Se.
UNPUBLISHED
Submitted: April 25, 2023
Appeal from the United States District Court for the Middle District of North Carolina, at Greensboro. Catherine C. Eagles, District Judge. (1:21-cv-00892-CCE-JEP)
Webster R. Neumann, Appellant Pro Se.
Before GREGORY, Chief Judge, THACKER, Circuit Judge, and MOTZ, Senior Circuit Judge.
Dismissed by unpublished per curiam opinion.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM
Webster R. Neumann, a North Carolina prisoner, seeks to appeal the district court's order accepting the recommendation of the magistrate judge and dismissing as untimely Neumann's 28 U.S.C. § 2254 petition. See Gonzalez v. Thaler, 565 U.S. 134, 148 &n.9 (2012) (explaining that § 2254 petitions are subject to one-year statute of limitations, running from latest of four commencement dates enumerated in 28 U.S.C. § 2244(d)(1)). The order is not appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1)(A). 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). When, as here, 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. Gonzalez, 565 U.S. at 140-41 (citing Slack v. McDaniel, 529 U.S. 473, 484 (2000)).
We have independently reviewed the record and conclude that Neumann has not made the requisite showing. Accordingly, we deny a certificate of appealability 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.