From Casetext: Smarter Legal Research

Rippy-Bey v. Jones

United States Court of Appeals, Fourth Circuit
Jun 25, 2010
385 F. App'x 311 (4th Cir. 2010)

Opinion

No. 10-6136.

Submitted: June 17, 2010.

Decided: June 25, 2010.

Appeal from the United States District Court for the Western District of North Carolina, at Statesville. Graham C. Mullen, Senior District Judge. (5:09-cv-00128-GCM).

Charles A. Rippy-Bey, Appellant Pro Se.

Before MOTZ and KING, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.


Charles A, Rippy-Bey seeks to appeal the district court's order 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) (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 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, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000); see Miller-El v. Cockrell, 537 U.S. 322, 336-38, 123 S.Ct. 1029, 154 L.Ed.2d 931 (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, 120 S.Ct. 1595. We have independently reviewed the record and conclude that Rippy-Bey has not made the requisite showing.

Accordingly, we deny Rippy-Bey's motions for a certificate of appealability and to appoint counsel and dismiss the appeal. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

DISMISSED.


Summaries of

Rippy-Bey v. Jones

United States Court of Appeals, Fourth Circuit
Jun 25, 2010
385 F. App'x 311 (4th Cir. 2010)
Case details for

Rippy-Bey v. Jones

Case Details

Full title:Charles A. RIPPY-BEY, Petitioner-Appellant, v. Robert JONES…

Court:United States Court of Appeals, Fourth Circuit

Date published: Jun 25, 2010

Citations

385 F. App'x 311 (4th Cir. 2010)