Jermaine Wilson v. Kieran Shanahan, No. 13-7691 (4th Cir. 2014)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-7691 JERMAINE LAMONT WILSON, Petitioner - Appellant, v. KIERAN J. SHANAHAN, Respondent - Appellee. Appeal from the United States District Court for the Middle District of North Carolina, at Greensboro. Catherine C. Eagles, District Judge. (1:13-cv-00546-CCE-LPA) Submitted: April 16, 2014 Decided: May 1, 2014 Before MOTZ, KING, and KEENAN, Circuit Judges. Dismissed by unpublished per curiam opinion. Jermaine Lamont Wilson, Appellant Pro Se. Clarence Joe DelForge, III, NORTH CAROLINA DEPARTMENT OF JUSTICE, Raleigh, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Jermaine Lamont Wilson seeks to appeal the district court s order denying, as untimely, his 28 U.S.C. § 2254 (2012) petition. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. § 2253(c)(1)(A) (2012). issue absent a A certificate of appealability will not substantial constitutional right. See 28 U.S.C. showing of the denial 28 U.S.C. § 2253(c)(2) (2012). of a 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 v. McDaniel, 529 U.S. 473, 484-85 (2000). We have independently reviewed the record and conclude that Wilson has not made the requisite showing. deny Wilson certificate dispense leave of with contentions are to proceed in forma appealability, and oral because argument adequately pauperis, dismiss presented in Accordingly, we the the the deny appeal. facts a We and legal materials before this Court and argument would not aid the decisional process. DISMISSED 2

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