U.S. Court of Appeals for the Fourth Circuit, 2014

Randall Stoneman, Jr. v. George Solomon

Randall Stoneman, Jr. v. George Solomon
U.S. Court of Appeals for the Fourth Circuit · Decided June 30, 2014 · Wilkinson, King, Gregory
577 F. App'x 158

Randall Stoneman, Jr. v. George Solomon

Opinion

Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Randall Gray Stoneman, Jr., seeks to appeal the district court’s order dismissing in part as untimely, and denying relief in part on 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, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000); see Miller-El v. Cockrell, 537 U.S. 322, 336-38, 123 S.Ct. 1029, 154 L.Ed.2d 931 (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 484-85,120 S.Ct. 1595.

We have independently reviewed the record and conclude that Stoneman has not made the requisite showing. Accordingly, we deny Stoneman’s motion for appointment of counsel, deny a certificate of appealability, deny leave to proceed in for-ma 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.

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