UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 20-7531

WESLEY BRIAN EARNEST,

Petitioner - Appellant,

v.

KEITH W. DAVIS, Warden; HAROLD W. CLARKE, Director Virginia Department of Corrections,

Respondents - Appellees.

Appeal from the United States District Court for the Western District of Virginia, at Roanoke. Elizabeth Kay Dillon, District Judge. (7:18-cv-00595-EKD-JCH)

Submitted: February 18, 2021 Decided: February 23, 2021

Before NIEMEYER, KING, and FLOYD, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Wesley Brian Earnest, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

Wesley Brian Earnest seeks to appeal the district court’s order dismissing as

untimely his

petition. See Gonzalez v. Thaler,

, 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

(d)(1)).

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

appealability.

(c)(1)(A). A certificate of appealability will not issue

absent “a substantial showing of the denial of a constitutional right.”

(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,

-41 (citing Slack v. McDaniel,

(2000)).

We have independently reviewed the record and conclude that Earnest has not made

the requisite showing. Accordingly, although we grant Earnest’s motion to exceed length

limitations for the informal brief, we deny his motions for an evidentiary hearing and 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