Filed: Aug. 23, 2019
Latest Update: Mar. 03, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 19-6713 LETORY ANTYAN JONES, Petitioner - Appellant, v. WARDEN RICHARD GRAHAM; MARYLAND ATTORNEY GENERAL, Respondents - Appellees. Appeal from the United States District Court for the District of Maryland, at Baltimore. Catherine C. Blake, District Judge. (1:17-cv-03523-CCB) Submitted: August 20, 2019 Decided: August 23, 2019 Before FLOYD and RUSHING, Circuit Judges, and SHEDD, Senior Circuit Judge. Dismissed by unpublished pe
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 19-6713 LETORY ANTYAN JONES, Petitioner - Appellant, v. WARDEN RICHARD GRAHAM; MARYLAND ATTORNEY GENERAL, Respondents - Appellees. Appeal from the United States District Court for the District of Maryland, at Baltimore. Catherine C. Blake, District Judge. (1:17-cv-03523-CCB) Submitted: August 20, 2019 Decided: August 23, 2019 Before FLOYD and RUSHING, Circuit Judges, and SHEDD, Senior Circuit Judge. Dismissed by unpublished per..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 19-6713
LETORY ANTYAN JONES,
Petitioner - Appellant,
v.
WARDEN RICHARD GRAHAM; MARYLAND ATTORNEY GENERAL,
Respondents - Appellees.
Appeal from the United States District Court for the District of Maryland, at Baltimore.
Catherine C. Blake, District Judge. (1:17-cv-03523-CCB)
Submitted: August 20, 2019 Decided: August 23, 2019
Before FLOYD and RUSHING, Circuit Judges, and SHEDD, Senior Circuit Judge.
Dismissed by unpublished per curiam opinion.
LeTory Antyan Jones, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
LeTory Antyan Jones seeks to appeal the district court’s order dismissing 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. 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) (2012). 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.
We have independently reviewed the record and conclude that Jones 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