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Ragin v. Dotson

United States Court of Appeals, Fourth Circuit
Mar 1, 2024
No. 23-6955 (4th Cir. Mar. 1, 2024)

Opinion

23-6955

03-01-2024

JOHN RAGIN, Petitioner - Appellant, v. CHADWICK DOTSON, Director of Department of Corrections; JEFFERY ARTRIP, Warden, Respondents - Appellees.

John Ragin, Appellant Pro Se.


UNPUBLISHED

Submitted: February 27, 2024

Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Elizabeth W. Hanes, District Judge. (2:22-cv-00337-EWH-DEM)

John Ragin, Appellant Pro Se.

Before WILKINSON, WYNN, and HARRIS, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM

John Ragin seeks to appeal the district court's order accepting the recommendation of the magistrate judge and dismissing as untimely Ragin'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 Ragin 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.


Summaries of

Ragin v. Dotson

United States Court of Appeals, Fourth Circuit
Mar 1, 2024
No. 23-6955 (4th Cir. Mar. 1, 2024)
Case details for

Ragin v. Dotson

Case Details

Full title:JOHN RAGIN, Petitioner - Appellant, v. CHADWICK DOTSON, Director of…

Court:United States Court of Appeals, Fourth Circuit

Date published: Mar 1, 2024

Citations

No. 23-6955 (4th Cir. Mar. 1, 2024)