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Sizemore v. Clarke

United States Court of Appeals, Fourth Circuit
Nov 29, 2022
No. 22-6520 (4th Cir. Nov. 29, 2022)

Opinion

22-6520

11-29-2022

CALVIN EDDIE SIZEMORE, Petitioner-Appellant, v. HAROLD CLARKE, Director, Respondent-Appellee

Calvin Eddie Sizemore, Appellant Pro Se.


UNPUBLISHED

Submitted: November 22, 2022

Appeal from the United States District Court for the Western District of Virginia, at Roanoke. James P. Jones, Senior District Judge. (7:21-cv-00331-JPJ-PMS)

Calvin Eddie Sizemore, Appellant Pro Se.

Before HARRIS and RICHARDSON, Circuit Judges, and TRAXLER, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM.

Calvin Eddie Sizemore seeks to appeal the district court's order dismissing as untimely his 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 Sizemore 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

Sizemore v. Clarke

United States Court of Appeals, Fourth Circuit
Nov 29, 2022
No. 22-6520 (4th Cir. Nov. 29, 2022)
Case details for

Sizemore v. Clarke

Case Details

Full title:CALVIN EDDIE SIZEMORE, Petitioner-Appellant, v. HAROLD CLARKE, Director…

Court:United States Court of Appeals, Fourth Circuit

Date published: Nov 29, 2022

Citations

No. 22-6520 (4th Cir. Nov. 29, 2022)