UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-6538
ANTHONY MICHELLE KING,
Petitioner - Appellant,
v.
SUPERINTENDENT BRAD PERITT,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh. James C. Dever III,
Chief District Judge. (5:12-hc-02242-D)
Submitted: May 23, 2013 Decided: May 29, 2013
Before MOTZ * and AGEE, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Anthony Michelle King, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
*
Judge Motz did not participate in consideration of this
case. The opinion is filed by a quorum of the panel pursuant to
28 U.S.C. § 46(d).
PER CURIAM:
Anthony Michelle King seeks to appeal the district
court’s order dismissing as untimely his 28 U.S.C. § 2254 (2006)
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) (2006). 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) (2006). 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 King 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
2