Ryan Turner v. Chadwick Dotson
Ryan Turner v. Chadwick Dotson
Opinion
USCA4 Appeal: 24-6323 Doc: 15 Filed: 01/23/2025 Pg: 1 of 2
UNPUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 24-6323
RYAN MARTEZ TURNER,
Petitioner - Appellant,
v.
CHADWICK DOTSON, Director,
Respondent - Appellee.
Appeal from the United States District Court for the Western District of Virginia, at Roanoke. James P. Jones, Senior District Judge. (7:22-cv-00561-JPJ-PMS)
Submitted: October 29, 2024 Decided: January 23, 2025
Before KING, QUATTLEBAUM, and BENJAMIN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Ryan Martez Turner, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 24-6323 Doc: 15 Filed: 01/23/2025 Pg: 2 of 2
PER CURIAM:
Ryan Martez Turner 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)).
We have independently reviewed the record and conclude that Turner 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- Unpublished