Jamal Nathan GETHERS, Petitioner - Appellant, v. Harold W. CLARKE, Director, Virginia Department of Corrections, Respondent - Appellee.
Decided: May 15, 2020
Before MOTZ, AGEE, and RICHARDSON, Circuit Judges.
Jamal Nathan Gethers, Appellant Pro Se.
Jamal Nathan Gethers seeks to appeal the district court's orders dismissing his 28 U.S.C. § 2254 (2018) petition as untimely and denying reconsideration. The orders are not appealable unless a circuit justice or judge issues a certificate of appealability. See 28 U.S.C. § 2253(c)(1)(A) (2018). 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) (2018). When the district court denies relief on the merits, a prisoner satisfies this standard by demonstrating that reasonable jurists would find the district court's assessment of the constitutional claims debatable or wrong. See Buck v. Davis, ––– U.S. ––––, 137 S. Ct. 759, 773–74, 197 L.Ed.2d 1 (2017). But 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. Gonzalez v. Thaler, 565 U.S. 134, 140–41, 132 S.Ct. 641, 181 L.Ed.2d 619 (2012) (citing Slack v. McDaniel, 529 U.S. 473, 484, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000)).
The district court found Gethers's petition to be time barred. And Gethers's informal brief fails to show that this dispositive procedural ruling is debatable. 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Dismissed by unpublished per curiam opinion.
Unpublished opinions are not binding precedent in this circuit.
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