UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 14-6675
WILLIE JAMES WHITE,
Petitioner - Appellant,
v.
CARL A. MANIS, Warden,
Respondent – Appellee,
and
COMMONWEALTH OF VIRGINIA,
Respondent.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. Claude M. Hilton, Senior
District Judge. (1:13-cv-01448-CMH-JFA)
Submitted: October 10, 2014 Decided: October 24, 2014
Before SHEDD, FLOYD, and THACKER, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Willie James White, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Willie James White 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.” Id. § 2253(c)(2). 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 White has not made the requisite showing. Accordingly, we
deny a certificate of appealability, deny leave to proceed in
forma pauperis, deny White’s motion to vacate judgment, and
dismiss the appeal. We dispense with oral argument because the
facts and legal contentions are adequately presented in the
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materials before this court and argument would not aid the
decisional process.
DISMISSED
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