Robert Henson v. Harold Clarke, No. 14-7092 (4th Cir. 2014)
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 14-7092 ROBERT HENSON, Petitioner - Appellant, v. HAROLD CLARKE, Corrections, Director of Virginia Department of Respondent - Appellee. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Claude M. Hilton, Senior District Judge. (1:14-cv-00173-CMH-TCB) Submitted: October 16, 2014 Decided: October 22, 2014 Before MOTZ, WYNN, and THACKER, Circuit Judges. Dismissed by unpublished per curiam opinion. Robert Henson, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Robert order dismissing petition. or Henson judge as to untimely appeal his 28 the district U.S.C. § court s 2254 (2012) The order is not appealable unless a circuit justice issues a certificate § 2253(c)(1)(A) (2012). issue seeks 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) (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 Henson 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 presented in the materials before this court and argument would not aid the decisional process. DISMISSED 2
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