United States of America v. Minners, No. 08-5092 (10th Cir. 2008)
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FILED United States Court of Appeals Tenth Circuit UNITED STATES COURT OF APPEALS October 16, 2008 TENTH CIRCUIT Elisabeth A. Shumaker Clerk of Court UNITED STATES OF AMERICA, Plaintiff - Appellee, v. No. 08-5092 (N.D. Oklahoma) (D.C. Nos. 4:08-CV-00317-JHP-SAJ and 4:05-CR-00152-JHP-2) UNRICO RANIER MINNERS, Defendant - Appellant. ORDER DENYING CERTIFICATE OF APPEALABILITY Before BRISCOE, MURPHY, and HARTZ, Circuit Judges. Unrico Minners, a federal prisoner, seeks a certificate of appealability ( COA ) so he can appeal the district court s denial of the motion to vacate, set aside, or correct sentence he brought pursuant to 28 U.S.C. § 2255. See 28 U.S.C. § 2253(c)(1)(B) (providing a movant may not appeal the denial of a § 2255 motion unless the movant first obtains a COA). Minners pleaded guilty to four charges stemming from a crime of violence committed in 2005. See United States v. Minners, 211 Fed. App x 742, at *1 (10th Cir. 2007). Minners s direct appeal was dismissed by this court on January 4, 2007. Id. The instant § 2255 motion was filed on May 27, 2008. In the motion, Minners asserted claims that his counsel provided constitutionally ineffective assistance. The district court dismissed Minners s § 2255 motion sua sponte, concluding the motion was filed outside the one-year limitation period set forth in 28 U.S.C. § 2255. In his appellate brief, Minners argues the merits of the claims he seeks to raise in his § 2255 motion. He does not address the district court s procedural ruling and presents no argument that the district court miscalculated the one-year period. To be entitled to a COA, Minners must show that jurists of reason would find it debatable whether the district court was correct in its procedural ruling. Slack v. McDaniel, 529 U.S. 474, 484-85 (2000) (holding that when a district court dismisses a habeas petition on procedural grounds, a petitioner is entitled to a COA only if he shows both that reasonable jurists would find it debatable whether he had stated a valid constitutional claim and debatable whether the district court s procedural ruling was correct). Our review of the record demonstrates that the district court s dismissal of Minners s § 2255 motion as untimely is not deserving of further proceedings or subject to a different resolution on appeal. Accordingly, we deny Minners s request for a COA and dismiss this appeal. ENTERED FOR THE COURT Elisabeth A. Shumaker, Clerk -2-
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