Filed: Mar. 02, 2015
Latest Update: Mar. 02, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 14-7773 ROGER STEVENSON, Petitioner - Appellant, v. SORRELL SAUNDERS, Respondent - Appellee. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. James C. Fox, Senior District Judge. (5:13-hc-02171-F) Submitted: February 25, 2015 Decided: March 2, 2015 Before NIEMEYER, KING, and THACKER, Circuit Judges. Dismissed by unpublished per curiam opinion. Roger Stevenson, Appellant Pro S
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 14-7773 ROGER STEVENSON, Petitioner - Appellant, v. SORRELL SAUNDERS, Respondent - Appellee. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. James C. Fox, Senior District Judge. (5:13-hc-02171-F) Submitted: February 25, 2015 Decided: March 2, 2015 Before NIEMEYER, KING, and THACKER, Circuit Judges. Dismissed by unpublished per curiam opinion. Roger Stevenson, Appellant Pro Se..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 14-7773
ROGER STEVENSON,
Petitioner - Appellant,
v.
SORRELL SAUNDERS,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh. James C. Fox, Senior
District Judge. (5:13-hc-02171-F)
Submitted: February 25, 2015 Decided: March 2, 2015
Before NIEMEYER, KING, and THACKER, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Roger Stevenson, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Roger Stevenson seeks to appeal the district court’s order
dismissing as time-barred his 28 U.S.C. § 2254 (2012) petition. *
The order is not appealable unless a circuit justice or judge
issues a certificate of appealability. 28 U.S.C.
§ 2253(c)(1)(A) (2012). A 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 of the constitutional
claims is debatable or wrong. 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 petition states a
debatable claim of the denial of a constitutional right.
Slack,
529 U.S. at 484-85.
*
In his informal brief, Stevenson states he also seeks to
appeal the district court’s November 24, 2014 order denying his
motion for a new trial and motion for relief from judgment. We
may not review this order because Stevenson did not designate it
as one for which he sought appellate review in his notice of
appeal. See Jackson v. Lightsey, ___ F.3d ___, No. 13–7291,
2014 WL 7210989, at **4-5 (4th Cir. Dec. 18, 2014).
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We have independently reviewed the record and conclude that
Stevenson has not made the requisite showing. Accordingly, we
deny his motion for 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
3