Antwine Reid v. D. Miller, Sr.

U.S. Court of Appeals for the Fourth Circuit

Antwine Reid v. D. Miller, Sr.

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 20-7027

ANTWINE JERMAINE REID,

Petitioner - Appellant,

v.

D. L. MILLER, SR., Warden,

Respondent - Appellee.

Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Leonie M. Brinkema, District Judge. (1:19-cv-01162-LMB-JFA)

Submitted: October 28, 2020 Decided: November 17, 2020

Before FLOYD, THACKER, and RICHARDSON, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Antwine Jermaine Reid, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Antwine Jermaine Reid seeks to appeal the district court’s order dismissing as

untimely his

28 U.S.C. § 2254

petition. See Gonzalez v. Thaler,

565 U.S. 134

, 148 & n.9

(2012) (explaining that § 2254 petitions are subject to one-year statute of limitations,

running from latest of four commencement dates enumerated in

28 U.S.C. § 2244

(d)(1)).

The order is not appealable unless a circuit justice or judge issues a certificate of

appealability.

28 U.S.C. § 2253

(c)(1)(A). 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). When, as here, 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,

565 U.S. at 140

-41 (citing Slack v. McDaniel,

529 U.S. 473, 484

(2000)).

Limiting our review of the record to the issues raised in Reid’s informal brief, we

conclude that Reid has not made the requisite showing. See 4th Cir. R. 34(b); see Jackson

v. Lightsey,

775 F.3d 170, 177

(4th Cir. 2014) (“The informal brief is an important

document; under Fourth Circuit rules, our review is limited to issues preserved in that

brief.”). Accordingly, we deny a certificate of appealability, deny Reid’s motion to appoint

counsel, 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

Reference

Status
Unpublished