Filed: Oct. 16, 2008
Latest Update: Feb. 21, 2020
Summary: FILED United States Court of Appeals Tenth Circuit UNITED STATES COURT OF APPEALS October 16, 2008 Elisabeth A. Shumaker TENTH CIRCUIT Clerk of Court UNITED STATES OF AMERICA, Plaintiff - Appellee, No. 08-5092 (N.D. Oklahoma) v. (D.C. Nos. 4:08-CV-00317-JHP-SAJ and 4:05-CR-00152-JHP-2) UNRICO RANIER MINNERS, Defendant - Appellant. ORDER DENYING CERTIFICATE OF APPEALABILITY Before BRISCOE, MURPHY, and HARTZ, Circuit Judges. Unrico Minners, a federal prisoner, seeks a certificate of appealability
Summary: FILED United States Court of Appeals Tenth Circuit UNITED STATES COURT OF APPEALS October 16, 2008 Elisabeth A. Shumaker TENTH CIRCUIT Clerk of Court UNITED STATES OF AMERICA, Plaintiff - Appellee, No. 08-5092 (N.D. Oklahoma) v. (D.C. Nos. 4:08-CV-00317-JHP-SAJ and 4:05-CR-00152-JHP-2) UNRICO RANIER MINNERS, Defendant - Appellant. ORDER DENYING CERTIFICATE OF APPEALABILITY Before BRISCOE, MURPHY, and HARTZ, Circuit Judges. Unrico Minners, a federal prisoner, seeks a certificate of appealability (..
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FILED
United States Court of Appeals
Tenth Circuit
UNITED STATES COURT OF APPEALS October 16, 2008
Elisabeth A. Shumaker
TENTH CIRCUIT Clerk of Court
UNITED STATES OF AMERICA,
Plaintiff - Appellee, No. 08-5092
(N.D. Oklahoma)
v. (D.C. Nos. 4:08-CV-00317-JHP-SAJ
and 4:05-CR-00152-JHP-2)
UNRICO RANIER MINNERS,
Defendant - Appellant.
ORDER DENYING CERTIFICATE
OF APPEALABILITY
Before BRISCOE, MURPHY, and HARTZ, Circuit Judges.
Unrico Minners, a federal prisoner, seeks a certificate of appealability
(“COA”) so he can appeal the district court’s denial of the motion to vacate, set
aside, or correct sentence he brought pursuant to 28 U.S.C. § 2255. See 28 U.S.C.
§ 2253(c)(1)(B) (providing a movant may not appeal the denial of a § 2255
motion unless the movant first obtains a COA). Minners pleaded guilty to four
charges stemming from a crime of violence committed in 2005. See United States
v. Minners, 211 Fed. App’x 742, at *1 (10th Cir. 2007). Minners’s direct appeal
was dismissed by this court on January 4, 2007.
Id. The instant § 2255 motion
was filed on May 27, 2008. In the motion, Minners asserted claims that his
counsel provided constitutionally ineffective assistance. The district court
dismissed Minners’s § 2255 motion sua sponte, concluding the motion was filed
outside the one-year limitation period set forth in 28 U.S.C. § 2255.
In his appellate brief, Minners argues the merits of the claims he seeks to
raise in his § 2255 motion. He does not address the district court’s procedural
ruling and presents no argument that the district court miscalculated the one-year
period.
To be entitled to a COA, Minners must show “that jurists of reason would
find it debatable whether the district court was correct in its procedural ruling.”
Slack v. McDaniel,
529 U.S. 474, 484-85 (2000) (holding that when a district
court dismisses a habeas petition on procedural grounds, a petitioner is entitled to
a COA only if he shows both that reasonable jurists would find it debatable
whether he had stated a valid constitutional claim and debatable whether the
district court’s procedural ruling was correct). Our review of the record
demonstrates that the district court’s dismissal of Minners’s § 2255 motion as
untimely is not deserving of further proceedings or subject to a different
resolution on appeal. Accordingly, we deny Minners’s request for a COA and
dismiss this appeal.
ENTERED FOR THE COURT
Elisabeth A. Shumaker, Clerk
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