Stacey Farmer v. G. Hinkle, No. 11-7201 (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Annotate this CaseCourt Description: Unpublished opinion after submission on briefs: Dismissed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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 11-7201 STACEY D. FARMER, Petitioner - Appellant, v. G. HINKLE, Chief Warden, Respondent - Appellee. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Anthony John Trenga, District Judge. (1:10-cv-01384-AJT-JFA) Submitted: December 20, 2011 Decided: December 23, 2011 Before MOTZ, DUNCAN, and DIAZ, Circuit Judges. Dismissed by unpublished per curiam opinion. Stacey D. Farmer, Appellant Pro Se. Joshua Mikell Didlake, Assistant Attorney General, Richmond, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Stacey D. Farmer seeks to appeal the district court s order dismissing petition. or judge as untimely 28 U.S.C. § 2254 (2006) This order is not appealable unless a circuit justice issues a certificate § 2253(c)(1)(A) (2006). issue his absent a appealability. 28 U.S.C. A certificate of appealability will not substantial constitutional right. of showing of the denial 28 U.S.C. § 2253(c)(2) (2006). of a When the district court denies relief on the merits, a prisoner satisfies this standard by demonstrating that reasonable jurists would find that the district court s assessment of the constitutional claims is debatable or wrong. Slack v. McDaniel, 529 U.S. 473, 484 Cockrell, (2000); (2003). see Miller-El v. 537 U.S. 322, 336-38 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. 529 U.S. at 484-85. Slack, We have independently reviewed the record and conclude that Farmer has not made the requisite showing. Accordingly, we deny Farmer s motion appealability and dismiss the appeal. for a certificate of We dispense with oral argument because the facts and legal contentions are adequately 2 presented in the materials before the court and argument would not aid the decisional process. DISMISSED 3
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