Jerome McBride v. Warden

U.S. Court of Appeals for the Fourth Circuit March 29, 2021

Opinion

No. 21-6038

Petitioner - Appellant,

Respondents - Appellees.

Appeal from the United States District Court for the District of Maryland, at Greenbelt. George Jarrod Hazel, District Judge. (8:17-cv-02396-GJH)

Submitted: March 23, 2021 Decided: March 29, 2021

Before THACKER, QUATTLEBAUM, and RUSHING, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Jerome McBride, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

Jerome McBride 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)).

We have independently reviewed the record and conclude that McBride has not

made the requisite showing. Accordingly, we deny a certificate of appealability, deny

McBride’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.