United States v. Ishmeel Chapman

U.S. Court of Appeals for the Fourth Circuit February 6, 2024

Opinion

USCA4 Appeal: 23-6865 Doc: 11 Filed: 02/06/2024 Pg: 1 of 2

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 23-6865

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

ISHMEEL QYSHAWN CHAPMAN,

Defendant - Appellant.

Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Kenneth D. Bell, District Judge. (3:20-cr-00155-KDB-DCK-1; 3:23-cv-00225- KDB)

Submitted: January 30, 2024 Decided: February 6, 2024

Before KING, AGEE, and THACKER, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Ishmeel Qyshawn Chapman, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 23-6865 Doc: 11 Filed: 02/06/2024 Pg: 2 of 2

PER CURIAM:

Ishmeel Qyshawn Chapman seeks to appeal the district court’s orders dismissing as

untimely his

28 U.S.C. § 2255

motion and denying his Fed. R. Civ. P. 59(e) motion for

reconsideration. See Whiteside v. United States,

775 F.3d 180, 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

28 U.S.C. § 2255

(f)). The orders

are not appealable unless a circuit justice or judge issues a certificate of appealability.

28 U.S.C. § 2253

(c)(1)(B). 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 motion 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 Chapman 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

Reference

Status: Unpublished