Graham Schiff v. Warden

U.S. Court of Appeals for the Fourth Circuit October 13, 2021

Opinion

No. 20-7559

Petitioner - Appellant,

Respondents - Appellees.

Appeal from the United States District Court for the District of Maryland, at Greenbelt. Paula Xinis, District Judge. (8:20-cv-01144-PX)

Submitted: September 30, 2021 Decided: October 13, 2021

Before NIEMEYER and MOTZ, Circuit Judges, and TRAXLER, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Graham Harry Schiff, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

Graham Henry Schiff 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 Schiff has not made

the requisite showing. Accordingly, we deny Schiff’s motion for a stay of the state court

judgment, 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.