Ryan Turner v. Chadwick Dotson

U.S. Court of Appeals for the Fourth Circuit

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UNPUBLISHED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Dismissed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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. § 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. 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Unpublished