Jerrell Edwards v. Chadwick Dotson

U.S. Court of Appeals for the Fourth Circuit

Jerrell Edwards v. Chadwick Dotson

Opinion

USCA4 Appeal: 24-6318 Doc: 15 Filed: 08/27/2024 Pg: 1 of 2

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 24-6318

JERRELL CORTEZ EDWARDS,

Petitioner - Appellant,

v.

CHADWICK DOTSON,

Respondent - Appellee.

Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Patricia Tolliver Giles, District Judge. (1:22-cv-00769-PTG-WEF)

Submitted: August 22, 2024 Decided: August 27, 2024

Before WILKINSON, WYNN, and RICHARDSON, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Jerrell Cortez Edwards, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 24-6318 Doc: 15 Filed: 08/27/2024 Pg: 2 of 2

PER CURIAM:

Jerrell Edwards seeks to appeal the district court’s order dismissing his

28 U.S.C. § 2254

petition as untimely. 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 the district court denies relief on the merits, a

prisoner satisfies this standard by demonstrating that reasonable jurists could find the

district court’s assessment of the constitutional claims debatable or wrong. See Buck v.

Davis,

580 U.S. 100, 115-17

(2017). When 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 v. Thaler,

565 U.S. 134, 140-41

(2012) (citing Slack v. McDaniel,

529 U.S. 473, 484

(2000)).

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

made the requisite showing. 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Unpublished