USCA4 Appeal: 22-6268 Doc: 12 Filed: 11/28/2022 Pg: 1 of 2

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 22-6268

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

WILLIAM RICHARD HILLIARD, JR.,

Defendant - Appellant.

Appeal from the United States District Court for the Western District of North Carolina, at Asheville. Martin K. Reidinger, Chief District Judge. (1:19-cr-00003-MR-WCM-1; 1:22- cv-00013-MR )

Submitted: November 22, 2022 Decided: November 28, 2022

Before HARRIS and RICHARDSON, Circuit Judges, and TRAXLER, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

William Richard Hilliard, Jr., Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 22-6268 Doc: 12 Filed: 11/28/2022 Pg: 2 of 2

PER CURIAM:

William Richard Hilliard, Jr., seeks to appeal the district court’s order dismissing as

untimely his

motion. See Whiteside v. United States,

, 182-

83 (4th Cir. 2014) (en banc) (explaining that § 2255 motions are subject to one-year statute

of limitations, running from latest of four commencement dates enumerated in

(f)). The order is not appealable unless a circuit justice or judge issues a certificate

of appealability.

(c)(1)(B). 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 motion states a debatable claim of the denial of a constitutional right. Gonzalez v.

Thaler,

(2012) (citing Slack v. McDaniel,

(2000)).

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

the requisite showing. Accordingly, we deny Hilliard’s motion for 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