US v. Demetric Hockaday, No. 13-6036 (4th Cir. 2013)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-6036 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. DEMETRIC HOCKADAY, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. W. Earl Britt, Senior District Judge. (5:05-cr-00220-BR-1; 5:11-cv-00585-BR) Submitted: March 26, 2013 Decided: March 29, 2013 Before DUNCAN, FLOYD, and THACKER, Circuit Judges. Dismissed by unpublished per curiam opinion. Demetric Hockaday, Appellant Pro Se. Jennifer P. May-Parker, Winnie Jordan Reaves, Assistant United States Attorneys, Jennifer E. Wells, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Demetric Hockaday seeks to appeal the district court s order dismissing as untimely his 28 U.S.C.A. § 2255 (West Supp. 2012) motion. justice or 28 U.S.C. The order is not appealable unless a circuit judge issues a § 2253(c)(1)(B) certificate (2006). of A appealability. 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 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 constitutional claims is debatable or wrong. of the Slack v. McDaniel, 529 U.S. 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 motion states a debatable claim of the right. denial of a constitutional Slack, 529 U.S. at 484-85. We have independently reviewed the record and conclude that Hockaday has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the appeal. We dispense with oral argument 2 because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process. DISMISSED 3