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Taylor v. Clarke

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
Apr 24, 2018
No. 18-6004 (4th Cir. Apr. 24, 2018)

Opinion

No. 18-6004

04-24-2018

EMMANUEL LEWIS TAYLOR, Petitioner - Appellant, v. HAROLD W. CLARKE, Director, Defendant - Appellee.

Emmanuel Lewis Taylor, Appellant Pro Se.


UNPUBLISHED

Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Leonie M. Brinkema, District Judge. (1:17-cv-00954-LMB-IDD) Before GREGORY, Chief Judge, and THACKER and HARRIS, Circuit Judges. Dismissed by unpublished per curiam opinion. Emmanuel Lewis Taylor, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Emmanuel Lewis Taylor seeks to appeal the district court's order dismissing as untimely his 28 U.S.C. § 2254 (2012) 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) (2012). 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) (2012). 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 (2000); see Miller-El v. Cockrell, 537 U.S. 322, 336-38 (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.

We have independently reviewed the record and conclude that Lewis has not made the requisite showing. Accordingly, we deny 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

Taylor v. Clarke

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
Apr 24, 2018
No. 18-6004 (4th Cir. Apr. 24, 2018)
Case details for

Taylor v. Clarke

Case Details

Full title:EMMANUEL LEWIS TAYLOR, Petitioner - Appellant, v. HAROLD W. CLARKE…

Court:UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

Date published: Apr 24, 2018

Citations

No. 18-6004 (4th Cir. Apr. 24, 2018)