Antonio Kenon v. Mike Hardee, No. 14-7131 (4th Cir. 2015)
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 14-7131 ANTONIO KENON, Petitioner – Appellant, v. MIKE HARDEE, Respondent - Appellee. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. James C. Dever III, Chief District Judge. (5:13-hc-02245-D) Submitted: December 16, 2014 Decided: February 3, 2015 Before SHEDD, THACKER, and HARRIS, Circuit Judges. Dismissed by unpublished per curiam opinion. Antonio Kenon, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Antonio orders Kenon dismissing as seeks to untimely appeal his 28 the district U.S.C. § 2254 petition and denying his motion for reconsideration. court’s (2012) The orders are not appealable unless a circuit justice or judge issues a certificate of appealability. A certificate of 28 U.S.C. § 2253(c)(1)(A) (2012). appealability will not issue absent “a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2) (2012). relief on the demonstrating district merits, that court’s debatable or a prisoner reasonable assessment wrong. When the district court denies Slack satisfies jurists this would of the v. McDaniel, standard find constitutional 529 U.S. by that the claims is 473, 484 (2000); see Miller-El v. Cockrell, 537 U.S. 322, 336-38 (2003). 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. Slack, 529 U.S. at 484-85. We have independently reviewed the record and conclude that Kenon has not made the requisite showing. Accordingly, we deny a certificate of appealability, deny leave to proceed in forma pauperis, and dismiss the appeal. We dispense with oral argument because the facts and legal contentions are adequately 2 presented in the materials before this court and argument would not aid the decisional process. DISMISSED 3
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