US v. Percival Fenton, No. 11-7218 (4th Cir. 2011)
Annotate this CaseCourt Description: Unpublished opinion after submission on briefs: Dismissed
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 11-7218 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. PERCIVAL NORMAN FENTON, Defendant - Appellant. Appeal from the United States District Court for the Western District of Virginia, at Harrisonburg. Glen E. Conrad, Chief District Judge. (5:07-cr-00025-GEC-BWC-1; 5:11-cv-80354-GEC) Submitted: November 17, 2011 Decided: November 23, 2011 Before KING, DAVIS, and WYNN, Circuit Judges. Dismissed by unpublished per curiam opinion. Percival Norman Fenton, Appellant Pro Se. Grayson A. Hoffman, Assistant United States Attorney, Harrisonburg, Virginia; Rick A. Mountcastle, OFFICE OF THE UNITED STATES ATTORNEY, Roanoke, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Percival Norman Fenton seeks to appeal the district court s order dismissing (West Supp. 2011) motion. as untimely his 28 U.S.C.A. § 2255 The order is not appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1)(B) (2006). A certificate of appealability will not issue absent a substantial showing of the denial of a constitutional right. (2006). 28 U.S.C. § 2253(c)(2) When the district court denies relief on the merits, a prisoner satisfies this jurists would reasonable standard find by that demonstrating the district that court s assessment of the constitutional claims is debatable or wrong. Slack v. McDaniel, 529 U.S. 473, 484 (2000); see Miller-El v. Cockrell, 537 U.S. 322, 336-38 (2003). denies relief demonstrate on both procedural that the When the district court grounds, dispositive the prisoner procedural must ruling is debatable, and that the motion states a debatable claim of the denial of a constitutional right. We have independently reviewed the Slack, 529 U.S. at 484-85. record Fenton has not made the requisite showing. a certificate dispense with of appealability oral argument and conclude that Accordingly, we deny dismiss because 2 and the the appeal. facts and We legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. DISMISSED 3
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