Antoine Hill-El v. Calvin Johnson
Antoine Hill-El v. Calvin Johnson
Opinion
UNPUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 20-7690
ANTOINE MARTWAIN HILL-EL, a/k/a Antoine Martwain Hill, a/k/a Antoine M. Hill,
Petitioner - Appellant,
v.
CALVIN JOHNSON,
Respondent - Appellee.
Appeal from the United States District Court for the District of Maryland, at Greenbelt. Theodore D. Chuang, District Judge. (8:18-cv-01654-TDC)
Submitted: March 23, 2021 Decided: March 29, 2021
Before THACKER, QUATTLEBAUM, and RUSHING, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Antoine Martwain Hill-El, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit. PER CURIAM:
Antoine Martwain Hill-El seeks to appeal the district court’s order dismissing as
untimely his
28 U.S.C. § 2254petition. 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. See
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)).
On appeal, we confine our review to the issues raised in the informal brief. See 4th
Cir. R. 34(b). Because Hill-El’s informal brief does not challenge the dispositive
timeliness determination by the district court, he has forfeited appellate review. 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 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- Unpublished