UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-7691
JERMAINE LAMONT WILSON,
Petitioner - Appellant,
v.
KIERAN J. SHANAHAN,
Respondent - Appellee.
Appeal from the United States District Court for the Middle
District of North Carolina, at Greensboro. Catherine C. Eagles,
District Judge. (1:13-cv-00546-CCE-LPA)
Submitted: April 16, 2014 Decided: May 1, 2014
Before MOTZ, KING, and KEENAN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Jermaine Lamont Wilson, Appellant Pro Se. Clarence Joe
DelForge, III, NORTH CAROLINA DEPARTMENT OF JUSTICE, Raleigh,
North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Jermaine Lamont Wilson seeks to appeal the district
court’s order denying, 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. See 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 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 v. McDaniel, 529 U.S.
473, 484-85 (2000).
We have independently reviewed the record and conclude
that Wilson has not made the requisite showing. Accordingly, we
deny Wilson leave to proceed in forma pauperis, 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
2