UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 20-7492

MARK ENGLISH,

Petitioner - Appellant,

v.

DIRECTOR, VIRGINIA DEPARTMENT OF CORRECTIONS,

Respondent - Appellee.

Appeal from the United States District Court for the Western District of Virginia, at Roanoke. Elizabeth Kay Dillon, District Judge. (7:19-cv-00571-EKD-JCH)

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

Before NIEMEYER, KING, and FLOYD, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Mark English, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

Mark English 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)).

On appeal, we confine our review to the issues raised in the informal brief. See 4th

Cir. R. 34(b). Because English’s informal brief does not challenge the dispositive

timeliness determination by the district court, he has forfeited appellate review. See

Jackson v. Lightsey,

(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 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